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- CO2 Litigation: Court and EPA Can’t Both Be Right — and Both May Be Wrong Thu, 9 May 13, 6:43amIs the Clean Air Act so badly flawed that it will cripple environmental enforcement and economic development alike unless the EPA and its state counterparts defy clear statutory provisions or, alternatively, spend $21 billion...
- Will the Supreme Court Review EPA’s Greenhouse Gas Regulations? Sat, 5 Jan 13, 7:47amPowerful dissenting opinions can sometimes persuade a higher court to review a lower court’s ruling. Massachusetts v. EPA (2007), the Supreme Court decision empowering the EPA to act as a super legislature and ‘enact’...
- How Absurd Is Regulating Greenhouse Gases through the Clean Air Act? Wed, 28 Sep 11, 3:18amPretty darn near the height of absurdity. That’s not just my opinion. It’s a key premise of EPA’s “Tailoring Rule,” which exempts small greenhouse gas (GHG) emitters from regulation under the...
- House Committee Opens New Front in Fuel Economy Battle Thu, 14 Jul 11, 4:00amYesterday, the House Appropriations Committee approved an amendment to the Fiscal Year 2012 Interior, Environment, and Related Agencies appropriations bill that would block EPA from using any funds to: Develop greenhouse...
- Court to EPA: Horsefeathers! Sat, 28 May 11, 7:03amOkay, maybe I was wrong. Just because the Supreme Court in Massachusetts v. EPA legislated from the bench in order to empower EPA to legislate from the bureau does not necessarily mean that lower courts will tolerate...
- EPA’s GHG Power Grab: Baucus’s Revenge, Democracy’s Peril Tue, 22 Mar 11, 2:05amToday at Pajamas Media.Com, I discuss the latest stratagem of the greenhouse lobby to protect EPA’s purloined power to dictate national climate and energy policy: Sen. Max Baucus’s (D-Mont.) amendment to the...
- EPA’s Permitting Guidance for Greenhouse Gases - Does It Endanger Coal? Fri, 12 Nov 10, 12:00amCan environmental agencies use BACT determinations to require major emitting facilities to switch fuels?