State Authority to Regulate Mobile Source Greenhouse Gas Emissions, Part 1: History and Current Challenge
The National Highway Transportation Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) have proposed a new reading of the Energy Policy and Conservation Act of 1975 (EPCA) that governs federal fuel economy standards. The regulations would relax federal greenhouse gas tailpipe standards and fuel economy standards, and preempt emissions standards put in place by California and adopted by other states.
Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA
Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected species. Operating agencies and project beneficiaries have sought to keep the ESA from restricting dam operations, including by arguing that such operations are non-discretionary and thus exempt. In proposing new ESA implementing rules, the Trump Administration suggested, but did not formally propose, that ongoing federal actions should be considered part of the “environmental baseline” for §7 purposes.
United States v. Ameren Missouri
A district court granted in part a motion to stay its previous order requiring an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri, and to install air pollution control technology at a neighboring plant in Labadie, Missouri. ...
California v. Environmental Protection Agency
The D.C. Circuit upheld EPA's decision to reconsider greenhouse gas emission standards for model year 2022-2025 vehicles. States and environmental groups argued that EPA violated procedural and substantive requirements imposed by the CAA and that the decision was arbitrary and capricious. The Agency...