How the EPA's New Emissions Rule Is Likely To Backfire
While drafted with good intentions, the rule prioritizes electric vehicles that run on batteries, even as hybrids see strong sales growth.
Environmental Protection Agency
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
The EPA's Power Plant Emissions Rules Are Unworkable, Says Trade Group
The Edison Electric Institute submitted comments clarifying that although it supports the EPA's goal of decarbonization, the technologies being presented are not sufficiently proven effective.
Automotive Lobby: EPA's Vehicle Emission Standards 'Neither Reasonable Nor Achievable'
The group stresses that it supports the government's ultimate goal of electrification, but the method of achieving that goal should be realistic.
Controlled Burns Can Prevent Smoky Skies. Why Won't the Federal Government Approve Them?
As long as government policies continue to fan the flames of extreme wildfires, we’ll suffer the consequences.
The Supreme Court Is Not in a 'War on Science'
The Supreme Court is agnostic on questions of science, but clear and resolute on questions of law.
Amidst Dreams of Green Energy, Regulators and Industry Warn of Summer Blackouts
If you want to keep the lights on, it might be a good time to shop for a generator.
Supreme Court Reins in EPA Overreach
Thanks to Sackett v. EPA, the feds can no longer treat a backyard puddle like it's a lake.
EPA's New Power Plant Rules Would Be Hard To Implement, Possibly Unconstitutional
The Supreme Court ruled in 2022 that the agency lacked the authority to regulate the entire energy industry at once, but the Biden administration is taking another swing at it anyway.
Despite SCOTUS Ruling Limiting Its Authority, EPA Tries To Unilaterally Regulate Carbon Emissions Again
Plus: More details emerge on Fox News' firing of Tucker Carlson, Aubrey Plaza shills for Big Milk, Biden announces he's running for president, and more...
The EPA's Ban of Gasoline-Powered Cars Will Actually Slow Development of Electric Cars
The Biden administration wants as many as two-thirds of all new vehicles sold in the U.S. by 2032 to be electric. But the market should decide how to make that switch.
Federal Court Halts Biden Administration's Clean Water Overreach
Hopefully the Supreme Court will soon put a permanent stop to the EPA's Clean Water Act land grab.
Federal Agencies Keep Failing To Legally Interpret the Clean Water Act
The Biden administration is the third administration in a row to fail to issue Clean Water Act regulations that pass judicial scrutiny.
Can a Federal Court Vacate a Regulation Without First Concluding It Was Unlawful?
A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation.
Ohio Train Derailment Is Another Excuse for Mudslinging and Conspiracy Theorizing
Plus: Did the Pentagon shoot down a hobby radio balloon?, Kentucky abortion ban can be enforced, and more...
No, Recycling Will Not Save the Environment
Despite what you may have heard, many "recyclables" sent to recycling plants are never recycled at all.
The Supreme Court Case That Could Upend the Clean Water Act
If SCOTUS finds in favor of a small-town Idaho couple in Sackett v. EPA, it could end the federal government's jurisdiction over millions of acres of land.
Biden Is Pushing 'Equity' and 'Environmental Justice' Into Every Corner of the Regulatory State
Will a new commission at the U.S. Department of Agriculture solve racism? We're going to find out.
The Sackett Oral Argument and the Problem of Defining "Waters of the United States"
The justices wrestled with the problem of identifying a clear, coherent, and administrable definition to constrain federal regulatory jurisdiction under the Clean Water Act.
Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?
Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.
WV v. EPA: Some Answers about Major Questions (But Not All the Answers We Need)
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
Elena Kagan's Valid Critique of the Supreme Court's 'Shadow Docket'
“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
Supreme Court Limits EPA's Ability To Impose Costly Greenhouse Gas Emissions Cuts
Any future regulations will require clear authorization from Congress.
Environmental Protection Agency
EPA Pushes Back Power Plant Greenhouse Gas Regulations While Awaiting Supreme Court Ruling
No matter how the Supreme Court rules in West Virginia v. EPA, absent legislative action it is unlikely new power plant rules will be in force before 2024.
GMOs Are Good for Us
The activists who say otherwise are wrong on the costs and wrong on the science.
Biden's Plan To Ease Gas Prices Will Save Drivers a Few Cents at Some Pumps…2 Months From Now
Plus: Why high inflation is getting more attention than low unemployment, how to make supply chains more resilient, and more...
Environmental Protection Agency
Environmentalists Are Blocking the Post Office From Replacing Busted 30-Year-Old Mail Trucks
Congressional Democrats are insisting on expensive green tech, even though USPS is in desperate financial condition.
Biden Has His Eye on Bitcoin
The president's anticipated executive order stopped short of feared regulations but suggests federal unease with uncontrolled development.
Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA
At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.
Climate Change Returns to the Supreme Court: Previewing West Virginia v. EPA (Updated)
The most important environmental case of the 2021-22 term will be heard next week.
Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA?
The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit's interpretation of the Section 111 of the Clean Air Act.
The EPA Has Spent 15 Years Blocking This Couple From Building a Home. Will the Supreme Court Come to the Rescue?
Michael and Chantell Sackett say they shouldn't have to spend years—and hundreds of thousands of dollars—just getting permission to build on their suburban lot.
Supreme Court Grants Certiorari to Clarify the Scope of Federal Regulatory Jurisdiction under the Clean Water Act
The Sacketts get a return trip to the Supreme Court.
Will Environmental Regulations Stop SpaceX?
The lawsuit could be a bellwether of how federal agencies must handle a burgeoning private space industry.
EPA/Army Corps Propose to Formalize Waters of the United States Definition
Perhaps surprisingly, the Biden Administration is not pushing an expansive interpretation of federal regulatory jurisdiction under the Clean Water Act.
D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
Supreme Court Agrees to Hear Case Challenging EPA Authority to Regulate Greenhouse Gases (Updated)
A surprising grant of certiorari places a high-stakes regulatory case on the Court's docket, with profound implications for EPA authority to regulate greenhouse gases.
There Would Be a Lot More Good News if Government Would Get Out of the Way
"The quality of life we have even during COVID is so much higher than anything humanity experienced, and it's only going to get better."
Biden Reverses Trump's Showerhead Deregulation
"You have showers where I can't wash my hair properly. It's a disaster!" said Trump in 2015.
Could the Supreme Court Revive the Trump Administration's ACE Rule?
The D.C. Circuit rejected the Trump Administration's approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.
Environmental Protection Agency
Will Chantell and Michael Sackett Get Another Day in the Supreme Court?
The Sackett's' litigation with the Environmental Protection Agency has continued, and may provide the Court with a new opportunity to consider the scope of federal regulatory jurisdiction.
District Court Orders Remand-Without-Vacatur of Trump WOTUS Rule
The Trump Administration's Clean Water Act rule will remain in place while the Biden Administration works on a replacement.
Court Blocks Biden Administration "Pause" of Oil & Gas Development on Federal Lands
The Biden Administration suffers a significant setback in its efforts to curb fossil fuel development.
No, Genetically Modified Mosquitoes Will Not Turn the Florida Keys Into Jurassic Park
The goal is to drastically reduce the population of disease-carrying bloodsuckers.
Democrats Learn to Love the Congressional Review Act
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
Are Federal Greenhouse Gas Emission Regulations A Sensible Strategy for Climate Change?
If there is an urgent need for emission reductions, regulatory ossification and legal risks counsel the consideration of other approaches, such as a carbon tax.
Did the Assault on the Capitol Derail Last-Minute Trump Regulations?
Rioters who ransacked a Senate office may have prevented a few Trump policies from taking effect.