January 19, 2018 12:28 PM
Its success in policymaking notwithstanding, the "race to the bottom" theory has fared poorly with the passage of time.
January 7, 2018 7:26 AM
The Trump administration “might attack our authority” to establish greenhouse gas motor vehicle standards, California Air Resources Board (CARB) Chairman Mary Nichols told E&E news ($) last Thursday.
If that’s true, it’s a very big deal....
December 28, 2017 8:05 AM
After thirty years of mostly disappointments and defeats, 2017 has been a banner year for advancing free market policies across the board on energy, climate, and environmental issues. We at CEI are proud to have played an important role in promoting many of these decisions...
July 13, 2017 9:53 AM
In directing courts to set aside only agency actions that are “arbitrary, capricious…or otherwise not in accordance with law,” the Administrative Procedure Act’s section 706 sets forth a deferential default standard for judicial review of agency fact-finding and decision making. From a perspective of institutional power, arbitrariness review of...
July 1, 2017 11:57 AM
In a ruling published last October, U.S. District Court Judge John Bailey sided with Murray Energy against the Environmental Protection Agency in holding that the Clean Air Act requires the agency to perform continuing evaluations of job losses due to federal regulations.
On June 29th, the U.S. Court of Appeals for the Fourth Circuit issued a disappointing opinion that reverses...
June 14, 2017 2:00 PM
Readers of this blog are aware that CEI has long objected to a judicial settlement reached by the Environmental Protection Agency,...
April 29, 2017 8:37 AM
In a double dose of good news, the D.C. Circuit Court this week put on hold litigation surrounding two major Obama-era Environmental Protection Agency rules for existing power plants.
On Thursday, a three-judge panel on the D.C. Circuit granted the EPA’s request to pause litigation over the Mercury and Air Toxics Standards, also known as the Utility MACT. As I’ve reported before, this rule would cost $10 billion annually, yet its bizarre purpose is to protect a supposed population of pregnant subsistence fisherwomen who eat hundreds of pounds of self-caught fish during their pregnancies, despite all the signs along rivers and lakes advising...
April 25, 2017 11:02 AM
In October 2016, the Department of Justice and the Environmental Protection Agency reached a settlement with Volkswagen partially addressing the Clean Air Act violations attendant to the car company’s “defeat device” scandal, in...
March 22, 2017 12:00 PM
In late February, the White House’s budget outline leaked, and I worried that it lacked a requisite thoughtfulness:
By all accounts, the Office of Management and Budget consulted neither Congress nor the states in the course of formulating these proposals …
By failing to consult Congress, OMB doesn’t seem to have considered the EPA’s statutory duties. As I’ve before argued, the agency is beholden to thousands of duties set forth by Congress in EPA’s enabling statutes, and it is unclear whether the agency has sufficient resources to achieve these non-discretionary responsibilities.
And by failing to consult states, OMB doesn’t seem to...
March 14, 2017 3:20 PM
Government and business leaders from across the African continent recently met in Washington, D.C. for the annual Powering Africa Summit. The summit, which looked to showcase energy, trade, and infrastructure investment opportunities, is a critical...