A) Listen to Vox: The Weeds “The scary truth about air pollution” (for Forum)
B) Based on the podcast: what is the importance of the Supplement to the 2019 Integrated Science Assessment for Particulate Matter (External Review Draft, 2021)(https://cfpub.epa.gov/si/si_public_pra_view.cfm?dirEntryID=352823&Lab=CPHEA)
WV v. EPA:
SCOTUS Blog Describes this case as being about: “Whether, in 42 U.S.C. 7411(d), an ancillary provision of the Clean Air Act, Congress constitutionally authorized the Environmental Protection Agency to issue significant rules including those capable of reshaping the nations electricity grids and unilaterally decarbonizing virtually any sector of the economy without any limits on what the agency can require so long as it considers cost, nonair impacts and energy requirements.”
Section 7411 of the Clean Air Act regards setting, “standards of performance for new stationary sources.” This refers to facilities that pass thresholds for pollution limits as major sources. The question is, whether this part of the CAA covers GHGs. (https://casetext.com/statute/united-states-code/title-42-the-public-health-and-welfare/chapter-85-air-pollution-prevention-and-control/subchapter-i-programs-and-activities/part-a-air-quality-and-emission-limitations/section-7411-standards-of-performance-for-new-stationary-sources) ;
Read: https://www.enr.com/articles/53689-high-court-hears-consolidated-clean-air-cases
Amy Howe, Greenhouse gases and major questions: Justices to hear argument on EPAs power to tackle climate change, SCOTUSblog (Feb. 27, 2022, 6:03 PM), https://www.scotusblog.com/2022/02/greenhouse-gases-and-major-questions-justices-to-hear-argument-on-epas-power-to-tackle-climate-change/
In Mass v. EPA: The Supreme Court held that the Acts broad definition of air pollutant unambiguously covers greenhouse gases, and that EPA was accordingly obliged to regulate emissions of the deleterious pollutant if it found that greenhouse-gas emissions endanger public health or welfare. Massachusetts v. EPA, 549 U.S. 497, 528-29, 533 (2007). Based on this the Obama Administration passed a the Clean Power Plan (a regulation) for the power sector that focused, “not only reducing the carbon intensity of electricity generation at a power plant, but also actions that occur beyond the fence line of any individual power plant, such as shifting power generation from coal-fired plants to natural gas plants or renewables. Based on what was achievable through these measures, the EPA set state-by-state goals for reducing overall emissions. The regulation also empowered the EPA to take action if states failed to do so.” But the Trump administration opposed this “shifting” approach and argued that the Sect. 7411 power of the EPA only applied to regulation of emissions from plans, or “inside the fence line,” not broader sectorial regulations. Trump’s EPA struck down the Clean Power Plan and proposed the Affordable Clean Energy plan, but this Affordable Clean Energy Plan was struck down by appellate courts and based on an arbitrary and capricious “fence line” argument. (https://today.law.harvard.edu/scotus-preview-west-virginia-v-epa/). ;
A) Review this background of the case: https://www.law.cornell.edu/supct/cert/20-1530 ;
B) Explain how you would rule in this appeal. Do you agree with the DC Circuit or with the appellants?
Key aspects of the Paris Agreement:
Un description: https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement/key-aspects-of-the-paris-agreement
A) What do you think the most important tools are in the Pairs Agreement?
B) Do you agree with the Climate Action Tracker’s critique, and are NDCs possible in this moment of geopolitical tension between many of the world’s largest economies? From Climate Action Tracker: ;
C) Nationally determined contributions (NDC) are the major approach under the Paris Agreement. Pick a country (https://climateactiontracker.org/climate-target-update-tracker/) and evaluate its rating Climate Action Tracker.
Border Adjustment Taxes:
A) The EU is rolling out a plan to have a “carbon border adjustment tax,” as part of a new European Climate Law (https://www.scientificamerican.com/article/e-u-set-to-unveil-first-ever-carbon-border-tax/). The EU has long been a signatory to the Kyoto Protocol and subsequent international agreements, and has developed emissions trading and cap schemes. What do you think of the idea of taxing trade to enforce CO2 goals? Do you understand the rational for this measure? What is leakage? (https://www.consilium.europa.eu/en/press/press-releases/2022/03/15/carbon-border-adjustment-mechanism-cbam-council-agrees-its-negotiating-mandate/)
B) As you will know now, there is no specific “Climate Law” in the US, and there have been regulatory ups and downs in pricing carbon under current federal law and policy. This Article explores the question, “Can the U.S. impose a border tax without pricing carbon?” https://www.eenews.net/articles/can-the-u-s-impose-a-border-tax-without-pricing-carbon/ . What are your thoughts on this issue, and the regulation of the Social Costs of Carbon?
https://youtu.be/k1oPVp63eNk
PLEASE ANWSER ALL QUESTION, TO PREVEN BACK AND FORTH
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|
