Online Articles

Newsom addressing California's constituents about the purpose of his recent executive order, an effort by the State to mitigate the on-going consequences of climate change. Image by Daniel Kim/The Sacramento Bee.

California’s Ban on Gasoline-Powered Vehicles - Will it Take Effect?

October 20, 2020 by Camden Douglas Air Climate change Fossil Fuels Regulations State and Local

On September 23, 2020, California Governor Gavin Newson issued an executive order[1] that is expected to reduce the impact of climate change by drastically transforming the State's transportation industry. California experiences many unique climate change-related problems. For instance, as a result of climate change, the duration of California's wildfire season has more than doubled since 1980.[2] Indeed, this year, California is experiencing a record-breaking burn,[3] with wildfires scorching millions of acres of land.[4] The executive order, in an attempt to attenuate some of these climate change-related impacts on the State, requires all new passenger vehicles sold in California to be zero-emission by 2035, effectively banning the sale of new gasoline-powered vehicles in just fifteen years.[5]

Bike Sharing in China –– From Bicycle Graveyards to a Regulated Industry

April 29, 2020 by Jie Yang Climate change International Regulations Sustainability

Bike sharing is considered an environmental-friendly way of commuting.[1] It reduces people’s needs for driving and hence reduces carbon emission.[2] It also provides a solution to the “last mile” issue in urban commuting and promotes the development…

EPA and NHTSA Rule on Vehicle Emissions and Efficiency

April 21, 2020 by Simon Moskovitz Fossil Fuels Regulations

The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) recently released the final SAFE Vehicles Rule. The rule sets forth requirements for emissions and efficiency in vehicles for model years 2021-2026 and revokes the Clean Air Act waiver to California.

A National Problem with No National Solution

February 26, 2020 by Gabriel Dowdell Fossil Fuels Oil and Gas Regulations State and Local Water

Should the EPA regulate fracking more heavily? Currently, states that benefit financially from fracking regulate the industry.

Going Beyond: When Can Courts Look Past the Record in an APA Review?

August 15, 2019 by James D. Cromley, J. Michael Showalter, & Schiff Hardin Litigation Regulations

A recent Supreme Court decision indicates that at times, courts may be able to look beyond the existing administrative record when reviewing administrative decisions. In Department of Commerce v. New York, the Court looked beyond the record and blocked an agency decision that found to be based on a “contrived,” pretextual rationale.

By James D. Cromley, J. Michael Showalter, & Schiff Hardin, Guest Contributors

Duck, Duck, Sued! – CERCLA’s Game of Contribution Tag

April 27, 2019 by Sean Murphy Chemicals Litigation Regulations

Imagine the polluters in a CERCLA Superfund suit sitting in a circle playing Duck Duck Goose. That’s right—this game isn’t just for kids. CERCLA, the Superfund statute lets polluters play a similar game of liability tag in contribution actions. But is CERCLA really all fun and games?

Clarifying the Endangered Species Act’s “Distinct Population Segment” Policy Through the Lens of Grizzly Bears

April 5, 2019 by Max Chaffetz Endangered Species Environmental Law Review Syndicate Federal Rollbacks Litigation Regulations Wildlife

How does the Endangered Species Act’s “Distinct Population Segment” policy apply to the iconic grizzly bear? Read more in this analysis posted via the Environmental Law Review Syndicate.

By Max Chaffetz, Managing Editor, Virginia​ Environmental Law Journal

Is drilling “essential”?: Oil and gas leasing and permitting in the 2019 shutdown

March 1, 2019 by Sara Divett Energy Fossil Fuels Natural Resources Regulations

The Trump administration issued oil and gas drilling permits during the most recent shutdown without approval or appropriations by Congress and without following procedures for public participation. Can the administration really do this? If not, how do environmentalists prevent this from happening in future shutdowns?