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Full-Text Articles in Law
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
The Obama Administration's First Environmental Policy Changes, Michael B. Gerrard
Faculty Scholarship
Under President Clinton the U.S. EPA took the position that it had the authority to regulate greenhouse gases (GHGs) from motor vehicles under the Clean Air Act as written, but the Clinton administration did not take affirmative steps to actually employ that authority. When President Bush took office, the General Counsel of EPA took the opposite position, stating that it would need special authorizing legislation in order to architect that regulation. A petition was filed with the EPA by the International Council for Technology Assessment and other organizations asking EPA to impose such regulations. EPA denied the petition. This led …
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Seven Things The New Epa Administrator Should Do, Michael B. Gerrard
Faculty Scholarship
In view of the dramatic shift in the nation's environmental policy that is presaged by the ascension of Barack Obama, I have been asked to suggest several actions that should be undertaken by the new administrator of the Environmental Protection Agency (EPA).
This article was written on Jan. 26, 2009, six days after the inauguration. It is to appear in March. Thus every reader will know something that, today, I don't – what long-pent-up actions were taken by President Obama shortly after he moved into the Oval Office. But I am guessing that by the time this article appears, Lisa …
Coal-Fired Powerplants Dominate Climate Change Litigation, Michael B. Gerrard
Coal-Fired Powerplants Dominate Climate Change Litigation, Michael B. Gerrard
Faculty Scholarship
Litigation aiming to reduce emissions of greenhouse gases (GHGs) is coming to be dominated by battles over coal-fired power plants. Ten of the last 20 judicial or administrative decisions or case filings in matters aiming to reduce GHGs have concerned such plants. A concerted effort by the environmental community to fight the use of coal is behind much of this litigation. According to the Energy Information Administration, the combustion of coal is the largest source of GHG emissions in the United States; motor vehicles are a not-very-close second.
The Sierra Club has a Web site that tracks all the proposed …