Publications

Guided by the blueprint of all three Bostock opinions, this article, published in the Columbia Journal of Environmental Law, performs a deep dive into the legislative materials surrounding the enactment of the Clean Air Act of 1970, uncovering a treasure trove of sources that had not previously been part of the public discourse. It shows how, under the interpretive approach of each of the three opinions, greenhouse gases are unquestionably pollutants for the purposes of the Clean Air Act. Because the approaches in the majority and dissents in Bostock—and thus a majority of the current Court—all point in the same direction, the era of greenhouse gas exceptionalism should now be over.

In the absence of legislation, critical long-distance transmission can be developed by applying existing federal legal authorities. A number of important regulatory and commercial measures have been proposed, including streamlining transmission planning, upgrading existing transmission system components, putting transmission lines underground, and using existing rights-of-way from highways and railroads. Even if these solutions are adopted, however, state siting requirements may prove an important obstacle to developing an efficient, national transmission grid. So, this paper examines legal authorities already available to the Department of Energy and the Federal Energy Regulatory Commission to develop the interstate transmission capacity crucial to the energy transition.

This report is part of a series that documents how the assumptions underlying The Safer Affordable Fuel Efficient (SAFE) Vehicles Final Rule for Model Years 2021–2026 Passenger Cars and Light Trucks are skewed to make the rule look less harmful than it actually is. In this report, we focus on the rule’s estimate of vehicle sale price elasticity, which substantially inflates the rollback’s effect on new vehicle purchases.

Unless the institutional framework and laws pertaining to fossil fuels are modified appropriately, decarbonization efforts will likely be stymied by confusion and related opportunities for opposition. This article, published in the Energy Law Journal, aims to start a wider conversation about the process of conforming existing energy law with novel, climate-oriented legislation. We concentrate on New York’s situation to illustrate how these tensions can manifest and what might be done to address them. 

This report is part of a series that documents how the assumptions underlying The Safer Affordable Fuel Efficient (SAFE) Vehicles Final Rule for Model Years 2021–2026 Passenger Cars and Light Trucks are skewed to make the rule look less harmful than it actually is. In the SAFE Rule, the Environmental Protection Agency and the National Highway Traffic Safety Administration have significantly rolled back the greenhouse gas emission and fuel economy standards for light vehicles established under the Obama Administration. This report highlights three critical problems in the agencies’ assumptions about vehicle prices.