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Making Net Zero Matter
This abstract is adapted from Albert C. Lin, Making Net Zero Matter, 79 Wash. & Lee L. Rev. 679 (2022), and used with permission.
Arbitrariness Review and Climate Change
This abstract is adapted from Cass R. Sunstein, Arbitrariness Review and Climate Change, 170 U. Pa. L. Rev. 991 (2022), and used with permission.
Center for Biological Diversity v. United States Environmental Protection Agency
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...
Port Hamilton Refining and Transportation LLLP v. U.S. Environmental Protection Agency
The Third Circuit vacated EPA's 2022 decision to reverse its prior determination and to require an oil refinery in the Virgin Islands to obtain a PSD permit before it can resume operations. The refinery owner petitioned for review, arguing EPA's application of its reactivation policy—under which a...
Wynnewood Refining Co., LLC v. Environmental Protection Agency
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
The Dangers of Underscoping Risk
In 4°C, Ruhl and Craig effectively argue that governance measures, particularly adaptation planning, will fall short if institutions fail to embrace the real possibility that the planet will blow well past 2° Celsius (°C) above pre-industrial temperatures. Further, they argue that 4°C is a better target for adaptation planning because this metric better captures the future risk the nation faces. Ruhl and Craig are keenly aware that serious talk of a possible 4°C future will almost certainly trigger accusations of “doomism” from various critics.