California's Administrative Power Grab Hurts Californians, Does Nothing for Climate
West Coast Land Use and Environment attorney Jennifer Hernandez published an article on Breakthrough Institute exploring the U.S. Supreme Court's decision in West Virginia v. The Environmental Protection Agency. The ruling affirmed the U.S. Environmental Protection Agency's (EPA) ability to regulate carbon dioxide from power plants by mandating the use of carbon capture and sequestration technologies, but not its ability to require the U.S. to transition from coal-generated electricity to electricity generated by solar or other green technologies. Ms. Hernandez explains that the West Virginia decision drew strong criticism from climate activists because it gives Congress, not the EPA, the lead on climate policy and greenhouse gas reduction. The article goes on to focus on climate policy in California, covering the administrative law "Chevron defense," the California Air Resources Board's (CARB) ability to achieve the state legislature's specific climate goals and California Environmental Quality Act (CEQA) litigation.