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  • Not So Major Questions: Clarifying the Regulatory History Behind Key Claims in West Virginia v. EPA

    Despite West Virginia's attempts to revise regulatory history in West Virginia v. EPA, a major Supreme Court case on the scope of EPA's ability to regulate greenhouse gases, the agency has long regulated air quality by relying on tools such as emissions trading and generation shifting, writes Dena Adler.

  • Regulatory Comments and the Major Questions Doctrine

    The U.S. Supreme Court has rarely invoked the “major questions” doctrine to invalidate agency regulations. But without any regard for the Court’s jurisprudence, the Trump Administration routinely relied on this doctrine in service of its deregulatory assault on the administrative state. Courts should not rely on the number of public comments to assess the legality of regulations.

  • Major Questions, Major Problems

    Petitioners have asked SCOTUS to expand the rarely-used "major questions doctrine" to limit EPA's capacity to reduce greenhouse gas emissions from power plants. Dena Adler explains why their argument poses major problems.

  • The WSJ Wouldn’t Print This Response to its Social Cost of Carbon Editorial

    This paper’s recent editorial inappropriately maligns the federal government’s valuation of the harm caused by climate pollution as politically motivated.

  • Greenhouse Gas Regulation: SCOTUS Should Decide Not to Decide

    The U.S. Supreme Court is set to hear oral argument in a case challenging the EPA’s authority to regulate greenhouse gas emissions from existing power plants. Richard L. Revesz, a professor at New York University School of Law, argues the court should dismiss the case because there is no regulation in place and none that would be revived because of anything the court might do.

  • A Year of Pipeline Approval Reform: 4 Ways to Improve FERC’s Review Process

    One year after launching a reevaluation of its pipeline approval process, the Federal Energy Regulatory Commission (FERC) could be ready to adopt critical reforms. The result could be a more sustainable, reliable U.S. energy system.

  • OSHA Takes Important First Steps to Address Growing Risks of Heat to Workers

    Heat exposure harms workers who labor outside, such as agricultural and construction workers, and those in high-heat indoor environments, such as warehouse employees, restaurant workers, and many others. Learning from workers and organizers with on-the-ground experience will enable OSHA to craft a more effective heat standard.

  • How the Federal Government Can Buy Greener

    Government purchasing power has enormous potential to promote cleaner technologies. But how can agencies weigh the social benefits of procurement options against their up-front costs? By using the social cost of greenhouse gases, writes Andy Stawasz.

  • Interior Should Properly Consider Climate Damages in Oil and Gas Leasing

    In regulatory policy, as in life, calculating a potential action’s costs is an important step in determining whether to take that action. Identifying these costs without giving them a place in the decisionmaking, however, would be irrational, and undermines the purpose of calculating the costs in the first place. And yet this is precisely the approach the Department of the Interior (Interior) has taken in analyzing recent proposals to lease public lands and waters for fossil fuel development.

  • Two Steps Toward Clean Transit Equity

    As the Federal Transit Administration and its partners roll out electric transit across the country, the agency should ensure that its Title VI guidelines for funding recipients explicitly require nondiscrimination in the distribution and routing of such clean vehicles. FTA should also implement the appropriate reporting requirements to effectively monitor the distribution of electric vehicles and their air quality benefits. These recommendations are discussed in more detail in our comments to the agency.