Tag Archives: EPA

Which Sovereign Merits Arbitrary & Capricious Deference in Clean Air Act Federalism Disputes?, by William Yeatman

by Guest Blogger — Tuesday, July 11, 2017

The Clean Air Act assigns certain fact-based judgments to the EPA, such as setting industry-wide New Source Performance Standards or Maximum Achievable Control Standards. And the Act assigns other such decisions to the states, subject to federal review, including case-by-case determinations of Best Available Control Technology and Best Available Retrofit Technology. This post seeks to […]

The Challenges of Performance-Based Regulation: Lessons from Two Diesel Emissions Scandals, by Cary Coglianese & Jennifer Nash

by Guest Blogger — Tuesday, June 20, 2017

When the Volkswagen diesel emissions scandal erupted recently—resulting in a precipitous drop in the company’s stock price, the resignation of its CEO, a $14.7 billion judgment against the company, and extensive environmental harm—we were reminded of an eerily similar environmental scandal from about 20 years ago. In 1998, the US Environmental Protection Agency (EPA) brought […]

EPA/DOJ’s Volkswagen Settlement: A Strange Constitutional Creature, by William Yeatman

by Guest Blogger — Tuesday, Feb. 7, 2017

In a previous post on Notice & Comment, I argued that the Obama administration leveraged a judicial settlement with Volkswagen to circumvent the Congress’s power of the purse. In this post, I argue that the same settlement also infringes on President Trump’s Article II authority.   Here’s the backstory. In 2011, President Obama announced his administration’s […]

Executive Lawmaking in EPA-Justice Department-Volkswagen Settlement, by William Yeatman

by Guest Blogger — Saturday, Oct. 1, 2016

On 28th June, the Department of Justice, Environmental Protection Agency, and Volkswagen proposed a judicial settlement to partially resolve the automaker’s Clean Air Act violations associated with the sale of almost 500,000 2.0 liter diesel engines that were equipped with “defeat devices.”   While no one—not even Volkswagen—disputes the company’s misdeeds, the proposed partial consent […]

Initial Thoughts on Supreme Court Stay of Clean Power Plan

by Chris Walker — Tuesday, Feb. 9, 2016@chris_j_walker

Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here  is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at […]

What King v. Burwell Means For Environmental Law

by Bruce Huber — Friday, June 26, 2015

Ok, I confess that the title to this post is a bit grandiose. At a minimum, we’ll have much more material on which to base our prognostications about the legality of the Clean Power Plan after Michigan v. EPA is decided on Friday or Monday. But I can’t resist accepting Chris Walker’s invitation to think for just […]

Title II Reclassification: A Reply to Gus Hurwitz

by Daniel Deacon — Monday, Feb. 16, 2015

It’s nice to have a level-headed debate on the legal arguments at play in the FCC’s upcoming reclassification of broadband ISPs, an issue that often generates more heat than light. And for what it’s worth, I think Gus Hurwitz and I agree on a lot. In particular, I agree with him that a skeptical court […]

Debating Daniel Deacon on Title II Reclassification

by Gus Hurwitz — Wednesday, Feb. 11, 2015

Daniel Deacon’s recent Notice & Comment post does a nice job of laying out the legal basis that will likely be used by FCC Chairman Wheeler’s proposed Open Internet (a/k/a net neutrality) rules. And his analysis of this legal basis reflects conventional wisdom. He is right that it is reasonably likely that the courts will […]

Tales of Changing Technology and Jurisdiction from the FTC, FCC, and EPA

by Gus Hurwitz — Saturday, Jan. 3, 2015

Last month Professor Tribe filed comments with the EPA and wrote in the Wall Street Journal to argue that the EPA’s new Clean Power Plan rules are unconstitutional. I would like to expand upon and generalize his concerns. The basic issue – that the agency is asserting newfound and broad regulatory power based on general […]