Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract
Since it lost its first case on technical procedural grounds, the company plans to try again.
Clean Air Act
Forum on "Emerging Applications of the Congressional Review Act"
A discussion on the legal background and implications of using the Congressional Review Act to rescind the waiver of California vehicle standards.
First Circuit Stays Court Order Commandeering New Hampshire (Though Doesn't Rely on Anti-Commandeering Arguments)
The appellate court rightly concludes that Gordon-Darby's lawsuit had multiple legal problems.
The Unconstitutional Commandeering of New Hampshire Continues
Judge McCafferty refuses to stay her unconstitutional injunction, and it appears the state AG's office is still failing to raise its strongest constitutional defense.
Climate Change Goes Back to the Supreme Court -- Colorado Edition
The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
A Conversation about the Endangerment Finding Rescission
A couple of lawyers and a couple of scribes discuss the legal challenges to come.
Private Suit Commandeers New Hampshire Government to Maintain Vehicle Emission Inspections
The "Live Free or Die" state effectively acquiesces to unconstitutional commandeering of the state government under the Clean Air Act.
The Clean Air Act Is Making Our Air Dirtier
Wildfire smoke is bad for your health. Environmental regulations make it worse.
Curtailing Federal Control Over Emissions Should Be Done by Congress, Not the EPA
By going through the courts, the Trump administration risks perpetuating the regulatory ping-pong that has plagued Washington, D.C., for decades.
The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Can the EPA Finesse the Greenhouse Gas Endangerment Finding?
The agency may be able to adopt a bank-shot strategy to preclude most (but not all) greenhouse gas regulation under the Clean Air Act without contesting basic climate science.
Can the EPA Rescind the Endangerment Finding? Should It Even Try?
A recent Federalist Society webinar on one of the Trump EPA"s top agenda items.
We're Not Short on Power. We're Just Too Sanctimonious To Generate It.
Northeastern states import massive amounts of electricity from Canada while strangling domestic energy production with regulations.
The EPA Announces a Fool's Errand: Reconsidering the Endangerment Finding
The move is part of a broader suite of deregulatory actions announced by the EPA Administrator, and is likely the least advisable item on the list.
SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)
In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency
John Sununu on Boyden Gray's Legal Legacy
C. Boyden Gray was a pivotal figure within the Republican Party on environmental law.
Justice Kagan Throws Down the Gauntlet: We Are Not "All Textualists Now"
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Environmental Protection Agency
Activists Decry Effort to Bring Economic Rationality to Clean Air Regulation
"A standard demanding the return of the Stone Age would not prove 'requisite to protect the public health.'"
