By Laura King Coalition for Responsible Regulation v. EPA follows from and amplifies the Supreme Court’s decision in Massachusetts v. EPA. Both cases announce the Environmental Protection Agency’s power to regulate greenhouse gases under the Clean Air Act — with Massachusetts v. EPA prodding a reticent EPA into regulation of greenhouse gases under the motor vehicle provision … [Read more...] about Changing Climate, Unchanging Act, Improvising Agency, Enabling Court: The Story of Coalition for Responsible Regulation v. EPA
environmental politics
American Natures: The Shape of Conflict in Environmental Law
By Jedediah Purdy There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values … [Read more...] about American Natures: The Shape of Conflict in Environmental Law
The Obama Administration’s National Auto Policy: Lessons from the “Car Deal”
By Jody Freeman This Article is the first comprehensive analysis of the Obama Administration’s national auto policy, which set the first federal greenhouse gas standards and strictest fuel efficiency standards for new cars and trucks in U.S. history. It describes the complicated legal, administrative and political background that led to a harmonized federal program, including … [Read more...] about The Obama Administration’s National Auto Policy: Lessons from the “Car Deal”
Transition Policy in Environmental Law
By Bruce R. Huber Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. This distinction reflects a recurrent political challenge for environmental policymakers: whether and how to mitigate regulatory burdens when policy change upsets settled expectations and investment commitments. Environmental law often … [Read more...] about Transition Policy in Environmental Law