The Environmental Impacts of the New Space Race
April 7, 2022 by Liz Goldstein Air RegulationsWhat should regulators pay attention to as rocket launches become more commonplace?
Online Articles
The EV Tax Credit Phaseout: Necessary or Not?
March 3, 2022 by Isaac Golub Regulations SustainabilityIn 2009, the Obama administration created the electric vehicle tax credit to encourage purchasing electric vehicles (EVs). However, the bill included a built-in phaseout that starts once a manufacturer sells 200,000 electric vehicles. Is the current phaseout quota necessary, or is it ending the tax credit prematurely?
Rethinking Water: Supreme Court Revisits Sackett
February 2, 2022 by Priya Sinha Litigation Regulations WaterOn Monday, January 24, 2022, the Supreme Court granted review of Sackett v. EPA to determine the definition of a “water of the United States,” or WOTUS, under the Clean Water Act (CWA). The outcome of the case could potentially reshape the reach of…
Forever Chemicals Forever Debated: Is EPA’s Strategic Plan Enough to Control the PFAS Problem?
January 18, 2022 by Emma Schwartz Chemicals Regulations WaterThe Biden EPA recently released a comprehensive plan for tackling PFAS, a class of toxic forever chemicals. It’s a step forward, but is it enough to get this national problem under control?
Striving for Effectiveness, Efficiency, and Equity in FEMA Climate Change Policy
December 22, 2021 by Ju-Ching Huang Climate change Regulations SustainabilityHow well can FEMA's existing flood insurance and grant programs protect Americans under climate change? Background Climate change is now impacting Americans' daily lives, and floods, in particular, are a pressing issue. Under the threat of climate…
The Fed is Responding to Pressure to Act on Climate – But Can it do More?
November 15, 2021 by Drew Savage Climate change Regulations SustainabilityPresident Biden is soon expected to name his nominee to lead the Federal Reserve. Can it become a more climate-focused institution?
Gone with the Wind? The Supreme Court Agrees to Review the EPA's Power to Regulate Carbon Emissions Under the Clean Air Act
November 7, 2021 by Yanai Ben Gigi Climate change Litigation RegulationsThe Supreme Court will soon hear a case that may alter the regulation of carbon dioxide emissions under the Clean Air Act and expand the reach of the nondelegation doctrine.
What’s in a Number: The Social Cost of Carbon
August 19, 2021 by Garrett S. Kral, Esq. Litigation Online Supplemental Article RegulationsBy Garrett S. Kral, Esq.*
*Garrett S. Kral is a former U.S. EPA official and political appointee for the Trump administration.
Workers Among Most Vulnerable to Climate Change
January 12, 2021 by Shannon Twiss Agriculture Climate change RegulationsPolicymakers should take a closer look at the way the effects of climate change are taking their toll on our most essential workers in agriculture, manufacturing, and emergency response.
Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act: A Farewell to “Once In, Always In”
November 9, 2020 by Hunter Johnston Air Chemicals RegulationsOn October 1, 2020, the Environmental Protection Agency (EPA) finalized text for a final rule that proposed to change the way facilities that emit hazardous air pollutants (HAPs) are regulated under the Clean Air Act.[i] The rule, titled Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act, purports to implement a plain language interpretation of Section 112 of the Clean Air Act.[ii] In practical effect, the final rule provides that a “major source” can reclassify to “area source” status at any time after reducing its actual or potential hazardous air pollutants (HAP) emissions to below the major source threshold of 10 tons per year (tpy) of any single HAP and 25 tpy of any combination of HAPs.[iii] Additionally, the rule amends Clean Air Act requirements regarding compliance dates, notification, and record keeping.[iv]