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Clean Air

EELP advises stakeholders on regulatory design questions to support the development and implementation of strong federal clean air rules.

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  • Legal Analysis

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations

West Virginia v. EPA’s surprising journey to the Supreme Court. A look at the key elements of the Court’s decision and the path ahead for EPA.

July 1, 2022

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations
  • Legal Analysis

EPA’s Revived Clean Cars Waiver for California

The Biden administration is taking steps to ensure California can continue to pursue its authority under the CAA and implement more stringent programs.

April 6, 2022

  • Legal Analysis

Is There Room for California in Clean Cars Regulations?

The steps the Biden administration is taking to restore California’s waiver and explore how undoing the Trump administration’s Part I Rule raises complex legal questions.

October 19, 2021

  • Legal Analysis

Rethinking the “One National Program” for Clean Cars: Where Does the Biden Administration Go from Here?

What legal questions the Biden administration will face in its review of the Part I Rule, and what options the agencies have moving forward.

March 26, 2021

  • Legal Analysis

Immediate Executive Action: Unexplored Options for Addressing Climate Change Under the Existing Clean Air Act

Below is a summary, see the full paper here. Introduction As November approaches, climate lawyers, advocates, and policy experts are contemplating a future in which President Biden inherits an executive […]

July 27, 2020

  • CleanLaw Podcast

CleanLaw: Joe Goffman Talks to Richard Lazarus about his New Book “The Rule of Five”

Joe speaks with Richard about his new book, “The Rule of Five,” which describes the strategy, people, and, above all, the lawyering, by both the litigators and the Justices, that led to the seminal Supreme Court decision in Massachusetts v. EPA.

March 12, 2020

  • CleanLaw Podcast

CleanLaw: Restricting EPA’s authority – Joe Goffman and Laura Bloomer Talk Clean Air Act Rollbacks

Laura and Joe talk about how the Trump administration is using regulatory rollbacks to advance new interpretations of the Clean Air Act that restrict EPA’s authority to address climate change and threaten the agency’s long-term ability to deliver needed reductions in air pollution.

March 9, 2020

  • Legal Analysis

How Statutory Interpretation of the Clean Air Act Serves the Trump Administration’s Deregulatory Agenda

We worked with the Case Western Reserve Law Review to publish an article in which we analyze how the Trump administration is using Clean Air Act rulemakings to “deconstruct the […]

February 14, 2020

  • CleanLaw Podcast

CleanLaw: Caitlin McCoy and Joe Goffman on the Affordable Clean Energy Rule

Caitlin and Joe discuss their new paper, Repeal of the Clean Power Plan and the final Affordable Clean Energy Rule.

November 19, 2019

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