Tag Archives: PM

Sometimes Guidance Actually Provides Guidance

As regular readers know, the tension between guidance and regulation is one of my favorite topics.  My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued, it is treated by those implementing it in the agency street-level bureaucracy as though it were a rule.  Nonetheless, guidance is sometimes appropriate.  The recent decision in Sierra Club v.… More

A Reminder of the Progress We’ve Made

A car makes its way amidst the heavy smog in New DelhiGiven how easy it can be to get discouraged about progress in addressing climate change, I think it’s helpful periodically to remember how much progress the U.S. has made in fighting air pollution.  It thus seemed useful to note this story about current conditions in New Delhi, where PM levels are so high that one million (!) students are being kept home from school.

It’s also helpful to remember the tension inherent in the climate change fight.  … More

Putting a Price on Clean Air

There has been a lot of scholarly discussion in recent years about the importance of putting a price on natural resources.  The pricing issue has been particularly in the limelight in connection with the drought in the western United States.  Indeed, it seems fairly self-evident that, if we give away a scarce resource, people will consume too much of it.

I suppose, then, that we should not be surprised that we have already been one-upped on this issue by the Chinese. … More

Conventional Pollution Is Still Where It’s At: EPA Releases the Power Plant MACT Rule

If anyone had any doubts about the significance of the conventional pollutant regulations that EPA would be rolling out, even in the absence of a full cap-and-trade program for GHG, Wednesday’s release of EPA’s revised power plant MACT proposal should go a long way towards eliminating those doubts. As most readers know, the rule replaces the Bush-era MACT rule that would have created a trading program.

The rule poses a problem for critics of EPA. While arguments can be made about the feasibility of some of the standards and the cost to comply,… More