My new opinion piece on West Virginia v. EPA, explaining how the decision could be a canary in the coal mine for a wider attack on regulatory safeguards. @TheHillOpinion@nyulaw@PolicyIntegrity https://t.co/9zesRo7BiN
A few thoughts on why EPA's proposed limits for climate pollution from fossil fuel-fired power plants walk the line to leverage the authority left intact by SCOTUS: https://t.co/6AmU0Akwc6
In new power plant regulations, @EPA had to thread the needle between its responsibility to reduce climate pollution and limits imposed by SCOTUS in West Virginia v. EPA. How did they do it? @DenaAdler explains in @TheRegReview: https://t.co/P9YshznNCp
Jay Duffy, litigation director @cleanaircatf explains a major announcement from the EPA to limit carbon dioxide emissions in current and future power plants.
"The proposal provides a pathway for those older plants and smaller plants, to control their pollution."
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Today we're launching a new climate website to help communities build resilience, with:
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In vogue this summer: explicitly considering and justifying the time frames of analysis in regulatory cost-benefit analyses, writes attorney Lance Bowman.
https://t.co/Tvd91z3knO
-- Doesn't constrain the transition to electric vehicles
So one battle is lost (unsurprisingly, given this Supreme Court), but the war against climate change very much goes on.
-- EPA can still regulate leakage from oil and gas production
-- Doesn't limit the considerable powers of states and cities
-- Doesn't limit the massive buildout of wind, solar, and transmission that we need
-- Doesn't limit the essential work of improving energy efficiency
The Supreme Court has prematurely and unjustifiably removed one tool to fight climate change. But it's a large toolkit, and much remains.
-- EPA can still regulate GHGs from motor vehicles (the largest source)
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❌Things West Virginia v EPA does NOT say❌
🏭that EPA can't regulate power plants
🚗that EPA can't regulate GHGs from other sources
♨️that EPA can't regulate other air pollutants
🏦that federal agencies can't act on climate
🏙️anything at all about state/local authority
Seeing some misleading media accounts suggesting EPA now can't regulate GHGs. That's NOT true. EPA can regulate GHGs under the Clean Air Act, set standards for cars/trucks; oil and gas; AND new & existing power plants. Can't do generation shifting -- which EPA already expected.
But if you though that was never a plausible Plan B, as I did, this ruling is actually quite a relief as it leaves EPA a lane to run here and do something helpful, if not dispositive to push towards a cleaner electricity system.
I guess at some level, your reaction to WV v EPA decision may come down to this:
If you were expecting EPA to come in w/very strong regs to drive e.g. an 80% cut in power sector CO2 emissions by 2030 as backup plan in face of Congressional inaction, this ruling will frustrate.