The Rule of Five

The Rule of Five
Author: Richard J. Lazarus
Publisher: Belknap Press
Total Pages: 369
Release: 2020-03-10
Genre: Law
ISBN: 0674238125

Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science

Combating Climate Change with Section 115 of the Clean Air Act

Combating Climate Change with Section 115 of the Clean Air Act
Author: Michael Burger
Publisher: Edward Elgar Publishing
Total Pages: 384
Release: 2020-10-15
Genre:
ISBN: 9781786434609

Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, "International Air Pollution" - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action. This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.

Struggling for Air

Struggling for Air
Author: Richard L. Revesz
Publisher: Oxford University Press
Total Pages: 233
Release: 2016
Genre: Business & Economics
ISBN: 0190233117

Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.

Carbon Pollution Emission Guidelines for Existing Stationary Sources - Electric Utility Generating Units (Us Environmental Protection Agency Regulation) (Epa) (2018 Edition)

Carbon Pollution Emission Guidelines for Existing Stationary Sources - Electric Utility Generating Units (Us Environmental Protection Agency Regulation) (Epa) (2018 Edition)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
Total Pages: 602
Release: 2018-07-19
Genre:
ISBN: 9781723440564

Carbon Pollution Emission Guidelines for Existing Stationary Sources - Electric Utility Generating Units (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) The Law Library presents the complete text of the Carbon Pollution Emission Guidelines for Existing Stationary Sources - Electric Utility Generating Units (US Environmental Protection Agency Regulation) (EPA) (2018 Edition). Updated as of May 29, 2018 In this action, the Environmental Protection Agency (EPA) is establishing final emission guidelines for states to follow in developing plans to reduce greenhouse gas (GHG) emissions from existing fossil fuel-fired electric generating units (EGUs). Specifically, the EPA is establishing: Carbon dioxide (CO 2) emission performance rates representing the best system of emission reduction (BSER) for two subcategories of existing fossil fuel-fired EGUs-fossil fuel-fired electric utility steam generating units and stationary combustion turbines; state-specific CO 2 goals reflecting the CO 2 emission performance rates; and guidelines for the development, submittal and implementation of state plans that establish emission standards or other measures to implement the CO 2 emission performance rates, which may be accomplished by meeting the state goals. This final rule will continue progress already underway in the U.S. to reduce CO 2 emissions from the utility power sector. This book contains: - The complete text of the Carbon Pollution Emission Guidelines for Existing Stationary Sources - Electric Utility Generating Units (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) - A table of contents with the page number of each section

Hart and Wechsler's the Federal Courts and the Federal System Supplement

Hart and Wechsler's the Federal Courts and the Federal System Supplement
Author: Richard H. Fallon, JR.
Publisher: Foundation Press
Total Pages: 324
Release: 2008-07
Genre: Law
ISBN: 9781599414713

This 2008 Supplement updates the main text with recent developments. Topics discussed include the development and structure of the federal judicial system; cases and controversies; the original jurisdiction of the Supreme Court; the distribution of judicial power among federal and state courts; review of state court decisions by the Supreme Court; civil actions in the district courts; federal common law; jurisdiction of the district courts; suits challenging official action; limitations on district court jurisdiction; federal habeas corpus; problems of district court jurisdiction; and appellate review of federal decisions.

Greenhouse Governance

Greenhouse Governance
Author: Barry G. Rabe
Publisher: Rowman & Littlefield
Total Pages: 392
Release: 2010-09-01
Genre: Political Science
ISBN: 0815704658

Public deliberation over climate change has traditionally been dominated by the natural and physical sciences. Is the planet warming? To what degree, and is mankind responsible? How big a problem is this, really? But concurrent with these debates is the question of what should be done. Indeed, what can be done? Issues of governance, including the political feasibility of certain policies and their capacity for implementation, have received short shrift in the conversation. But they absolutely must be addressed as we respond to this unprecedented challenge. Greenhouse Governance brings a much-needed public policy mindset to discussion of climate change in America. Greenhouse Governance features a number of America's preeminent public policy scholars, examining some aspect of governance and climate change. They analyze the state and influence of American public opinion on climate change as well as federalism and intergovernmental relations, which prove especially important since state and local governments have taken a more active role than originally expected. Specific policy issues examined include renewable electricity standards, mandating greater vehicle fuel economy, the "adaptation vs. mitigation" debate, emissions trading, and carbon taxes. The contributors do consider the scientific and economic questions of climate policy but place special emphasis on political and managerial issues. They analyze the role of key American government institutions including the courts, Congress, and regulatory agencies. The final two chapters put the discussion into an international context, looking at climate governance challenges in North America, relations with the European Union, and possible models for international governance. Contributors include Christopher Borick, Muhlenberg College; Martha Derthick, University of Virginia; Kirsten Engel, University of Arizona; Marc Landy, Boston College; Pietro Nivola, Brookings Institution; P

Valuing Climate Damages

Valuing Climate Damages
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
Total Pages: 281
Release: 2017-06-23
Genre: Science
ISBN: 0309454204

The social cost of carbon (SC-CO2) is an economic metric intended to provide a comprehensive estimate of the net damages - that is, the monetized value of the net impacts, both negative and positive - from the global climate change that results from a small (1-metric ton) increase in carbon-dioxide (CO2) emissions. Under Executive Orders regarding regulatory impact analysis and as required by a court ruling, the U.S. government has since 2008 used estimates of the SC-CO2 in federal rulemakings to value the costs and benefits associated with changes in CO2 emissions. In 2010, the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG) developed a methodology for estimating the SC-CO2 across a range of assumptions about future socioeconomic and physical earth systems. Valuing Climate Changes examines potential approaches, along with their relative merits and challenges, for a comprehensive update to the current methodology. This publication also recommends near- and longer-term research priorities to ensure that the SC- CO2 estimates reflect the best available science.

Foreign Affairs Federalism

Foreign Affairs Federalism
Author: Michael J. Glennon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016-04-15
Genre: Law
ISBN: 0199355908

Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.