In 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?
On 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…
The 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?
How 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…
President Biden is soon expected to name his nominee to lead the Federal Reserve. Can it become a more climate-focused institution?
The 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.
By Garrett S. Kral, Esq.*
*Garrett S. Kral is a former U.S. EPA official and political appointee for the Trump administration.
Policymakers 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.
On 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]
The CEQ’s new regulations seek to make NEPA more efficient for agencies. Could transforming NEPA into a regulatory commission solve its efficiency problems while protecting, and building upon, its effectiveness?
