Real Time Analyses

EELP staff and students are producing cutting-edge legal analyses in real time in response to current policy and regulatory developments. Return to our full list of publications.


December 12, 2019 Understanding the New York v. Exxon DecisionHana Vizcarra

Nov. 4, 2019 California’s Cap-and-Trade Agreement with Quebec: Surviving Constitutional ScrutinySharmila Murthy

Oct. 8, 2019 The IPCC’s Climate Report on Oceans: What Seven Findings Mean for US RegulationsHana Vizcarra and Laura Bloomer

Sep. 30, 2019 The Legal Consequences of EPA’s Disruption of the NAAQS ProcessJoe Goffman and Laura Bloomer

August 8, 2019 What does the Business Roundtable statement mean? A lot, but also not that much., Hana Vizcarra

Aug. 5, 2019 Closing the Door on EPA Jurisdiction over Groundwater, Caitlin McCoy

July 26, 2019 Looking Forward from California’s Historic Agreement with Automakers, Caitlin McCoy

June 28, 2019 California’s First Legal Battle over the New Car Rules, Caitlin McCoy 

April 30, 2019 Energy EOs In Depth (a series)

March 29, 2019 A Post-Trump Accounting of State Climate Action, Michelle Melton, J.D. ’19

March 26, 2019 Shifting Perspectives: E&P Companies Talk Climate and the Energy TransitionHana Vizcarra

March 21, 2019 The States as Green New Deal Policy Labs, Caitlin McCoy

March 14, 2019 Rolling Back the Mercury and Air Toxics Standards: Proposed Withdrawal of “Appropriate and Necessary”, Joe Goffman

Jan. 10, 2019 How Congress Can Curb the Dismantling of the Environmental Protection Agency: An Oversight Agenda, Joe Goffman


Dec. 10, 2018 Issue Backgrounder: Definition of Waters of the U.S., Caitlin McCoy prepared a background memo in anticipation of the release of EPA’s proposed rule redefining Waters of the U.S. on Dec. 11, 2018 with relevant background information and what to expect from the proposal.

Dec. 6, 2018 What Environmental Protection Owes George H.W. Bush., Joe Goffman reflects on the role that Former President Bush played in developing and ensuring the passage of the 1990 Clean Air Amendments. Read his reflections on the former president’s legacy and listen to an interview with him about his experience on the 1990 amendments.

Nov. 5, 2018 Beyond the Waiver: EPA’s Plan to End State GHG Vehicle Standards, Michelle Melton, J.D. ’19 examines how the administration’s proposed new greenhouse gas emissions standards for cars reinterpret CAA § 177, stripping the states beyond California of their ability to adopt greenhouse gas standards for vehicles in their jurisdictions.

Oct. 29, 2018 Memorandum on EPA’s Proposed Changes in New Source Review in ACE, Hana Vizcarra provides an outline of the Trump administration’s proposed changes to the Clean Air Act New Source Review program and analysis of the legal arguments and impacts.

Oct. 11, 2018 Memorandum on the proposal to repeal the Clean Power Plan and the proposed ACE Rule provides an outline of the arguments advanced in i) the proposal to repeal the Clean Power Plan (CPP) and ii) the proposed Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, part of the Affordable Clean Energy (ACE) Rule.

Sept. 28, 2018 Memorandum on EPA Review of the Mercury and Air Toxic Standards provides an early look at potential changes to the Mercury and Air Toxic Standards and possible resulting pollution impacts and provides important background on the rule itself and the legal issues involved.

Aug. 24, 2018 CAFE Standards and the California Preemption Plan, Caitlin McCoy walks through the preemption analysis laid out in EPA and NHTSA’s proposed rules for fuel economy and greenhouse gas (GHG) emissions standards to explain how the agencies are approaching the issue.

June 19, 2018 California, CAFE Standards, and the Energy Policy and Conservation Act, EELP staff examine the law of exemption under the Energy Policy and Conservation Act and how it impacts EPA and NHTSA actions concerning fuel economy and vehicle emissions standards.


Feb. 14, 2017 PURPA @ 40: Remarks at NARUC’s 2017 Winter Meeting, Ari Peskoe recaps the purpose and history of Title II of the Public Utilities Regulatory Policies Act of 1978 and comments on recent controversies.


June 22, 2016 Presentation at the Federal Trade Commission’s workshop on rooftop solar, Ari Peskoe highlights the critical role of state regulation in how investor-owned utilities have responded to the growth of distributed energy resources.


Oct. 20, 2015 Emission Rate Credits in the Clean Power Plan: An FAQ for States and Stakeholders, Ari Peskoe addresses definitional and legal issues about Emission Rate Credits (ERCs) and is organized around the following three questions: 1) What are ERCs? 2) How do ERCs interact with existing tradable instruments? 3) How will EPA and states ensure the integrity of the ERC market?