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The 3WHH bartenders take time away from the news headlines and court cases to take up some aspects of patriotism (but also with a tutorial for John about the mellotron!). We start with an origin story of sorts for John himself, as he is an immigrant to the U.S., and as such provides a good reminder of how immigration ought to be understood and practiced. From there, Lucretia meditates on the curious recent survey results showing that love of country among Democrats has precipitously declined over the last decade or so. We agree that our dessicated education system has a lot to do with this—did we really think the Howard-Zinnification of our history would be without consequences?—but we need to wonder why Republicans seem to be immune to these calumnies against our great country. Lucretia fingers the Progressives, and that leads to the final gonzo segment for the holiday, where Steve settles scores from slanders against him when he missed an episode three weeks ago, and makes the evidently futile attempt to school John about the mellotron and the inherent greatness of the brief shining moment of progressive rock—"rock and roll that went to college," as Jody Bottum calls it—in the early 1970s, which, come to think of it, is when the Clean Air Act was first enacted.So come for the patriotism (and a sharp and unexpected argument about Daniel Bell), and stay for the awesome music!
In this case, the court considered this issue: Should challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program be heard exclusively in the U-S Court of Appeals for the D-C Circuit because the agency's denial actions are “nationally applicable” or “based on a determination of nationwide scope or effect”?The case was decided on June 18, 2025.The Supreme Court held that EPA's denials of small refinery exemption petitions from renewable fuel requirements must be challenged in the D-C Circuit because they are locally applicable actions based on determinations of nationwide scope or effect. Justice Clarence Thomas authored the 7-2 majority opinion of the Court.The Clean Air Act establishes a tripartite venue system for reviewing EPA actions. “Nationally applicable” EPA actions must be challenged exclusively in the D-C Circuit, while “locally or regionally applicable” actions ordinarily belong in regional courts of appeals. However, locally or regionally applicable actions that are “based on a determination of nationwide scope or effect” must be reviewed in the D-C Circuit if EPA finds and publishes that such basis exists. To identify the relevant “action” for venue purposes, courts must look to the specific statutory authority EPA is exercising rather than how EPA packages its decisions. Each EPA denial of an individual refinery's exemption petition constitutes its own “action” because the Clean Air Act allows each small refinery to petition EPA separately and requires EPA to act on each petition. An action is “nationally applicable” if it applies on its face throughout the entire country; alternatively, it is “locally or regionally applicable” if it applies only to particular places. EPA's denial of a single refinery's exemption petition applies only to that specific refinery in a particular location, making such denials paradigmatically locally or regionally applicable actions.The “nationwide scope or effect” exception applies because EPA's statutory interpretation and economic theory formed the core basis for its denials. A “determination” refers to EPA's justifications for taking action, and determinations have nationwide “scope” if they apply throughout the country as a legal matter or nationwide “effect” if they apply as a practical matter. An EPA action is “based on” such a determination only if that determination lies at the core of the agency action and forms the primary explanation for EPA's decision—requiring more than but-for causation. EPA's interpretation of “disproportionate economic hardship” and its RIN passthrough theory constitute clear determinations of nationwide scope because they apply generically to all refineries regardless of location. These determinations formed the core basis for EPA's denials because EPA used them to reach a presumptive resolution to deny all petitions, then considered refinery-specific factors only to confirm it had no reason to depart from this presumptive disposition. Where EPA relies on determinations of nationwide scope or effect to reach a presumptive resolution, those determinations qualify as the primary driver of its decision, making EPA's confirmatory review of refinery-specific facts merely peripheral by comparison.Justice Neil Gorsuch authored a dissenting opinion, joined by Chief Justice John Roberts, arguing that the Clean Air Act's substantive provisions do not call for EPA to make determinations of nationwide scope or effect when acting on individual small refinery hardship petitions, and that the majority's new test will make simple venue questions unnecessarily difficult and expensive to resolve.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.
In this case, the court considered this issue: Does the U.S. Court of Appeals for the District of Columbia have exclusive jurisdiction to review an Environmental Protection Agency action that affects only one state or region, simply because the EPA published that action alongside actions affecting other states in a single Federal Register notice?The case was decided on June 18, 2025.The Supreme Court held that the Clean Air Act requires that EPA state implementation plan (SIP) disapprovals be reviewed in regional circuit courts rather than the D-C Circuit when they are "locally or regionally applicable" actions not based on determinations of nationwide scope or effect. Justice Clarence Thomas authored the 6-2 majority opinion of the Court.The Court applied a two-step framework established in EPA v Calumet Shreveport Refining to determine proper venue under the Clean Air Act's venue provision. First, courts must identify the relevant EPA “action” and determine whether it is “nationally applicable” or “locally or regionally applicable.” An “action” under the statute means a particular exercise of EPA authority undertaken pursuant to a particular Clean Air Act provision, determined by reference to the underlying statutory provision rather than how EPA presents its decision. Here, EPA's disapprovals of Oklahoma's and Utah's state implementation plans constitute separate “actions” because the Clean Air Act treats individual SIP approvals and disapprovals as discrete actions under Section 7410. Each SIP disapproval applies only to the specific state that proposed the plan, making them “locally or regionally applicable” actions—the prototypical example of such actions under the statute.Because the SIP disapprovals are locally or regionally applicable, the Court proceeded to the second step: determining whether the “nationwide scope or effect” exception applies to require D-C Circuit review. This exception requires that EPA's action be “based on a determination of nationwide scope or effect” and that EPA find and publish this basis. Although EPA made the required finding, the Court held that EPA's disapprovals were not actually based on determinations of nationwide scope or effect. The exception applies only when “a justification of nationwide breadth is the primary explanation for and driver of EPA's action.” Here, EPA's disapprovals resulted from predominantly fact-intensive, state-specific analysis of each SIP's contents, producing unique lists of deficiencies for each state. The four nationwide determinations EPA cited—including use of updated modeling and a 1% contribution threshold—were merely analytical tools that aided EPA's review rather than primary drivers of the disapprovals.Justice Neil Gorsuch authored a concurring opinion, joined by Chief Justice John Roberts, agreeing with the judgment but following a different analytical path as explained in their dissenting opinion in a companion case, Environmental Protection Agency v Calumet Shreveport Refining, LLC.The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.
California has long led the nation in pioneering clean air regulations, from grappling with smog to setting ambitious zero-emission vehicle mandates. The Golden State's unique authority under the Clean Air Act has allowed it to set emissions standards that exceed federal requirements. Around a dozen other states have followed California's lead. But that leadership now faces an unprecedented challenge. Last month, Congress voted to revoke three Clean Air Act waivers that the Biden administration had granted California. It was the first time in over sixty years that federal lawmakers blocked any of California's dozens of car and truck rules, and the state quickly responded with a lawsuit. So what happens next? Can California slash emissions from the transportation sector without this federal support? If not, how can it reach its overall climate goals? And what does this political battle mean for the future of clean transportation—and states' abilities to regulate emissions—nationwide? This week, Bill Loveless speaks with Mary Nichols about California's role in clean air policy, the impact of losing its vehicle emission waivers, how the auto industry is reacting, and what all of this means for the future of climate action in America. Mary is a distinguished environmental lawyer and policy expert with over five decades of experience in clean air regulation. She held a number of senior posts in federal and state government, including a long tenure as chair of the California Air Resources Board. She is also a former distinguished visiting fellow at the Center on Global Energy Policy, Columbia SIPA. Credits: Hosted by Jason Bordoff and Bill Loveless. Produced by Mary Catherine O'Connor, Caroline Pitman, and Kyu Lee. Engineering by Sean Marquand. Stephen Lacey is executive producer.
Story of the Week (DR):Warner Bros. Discovery Reworks CEO Pay, Reducing David Zaslav's Massive Compensation DRDavid Zaslav will take a pay cut after Warner Bros. Discovery splits up—with a big hit to his bonusDavid Zaslav Is Getting a Pay CutWarner Bros to significantly slash CEO David Zaslav's pay packageWarner Bros Discovery CEO David Zaslav Pay to Drop After Company SplitDavid Zaslav's Pay To Be “Substantially” Lowered Ahead Of Split, WBD Says, But CEO Will Still Reap RewardsIf Zaslav hits 100% of his operational and financial goals in the first year after the split, his target pay will be $16.5mn, compared with $37mn in the current contract. If he hits 200% of the targets, it will be as high as $30mn, the company said on Monday.However, the bulk of Zaslav's future pay will be based on stock options after shareholders rebuked a model based on free cash flow generation.The securities filing made late on Monday said the beleaguered media boss would receive about 24mn in WBD shares that could be purchased for the current $10.16 price.If the share price were to double, the package could eventually be worth nearly $250mn.Two weeks after 60% of Warner Bros. Discovery shareholders rejected CEO David Zaslav's $52M pay plan, the Compensation Committee restructured his plan using Hollywood's latest CGI, special effects, and most seasoned stunt doubles: his new plan reduces his annual pay targets significantly–from $37M to $17M if he hits 100% of his targets–but the devil is in the details as he is eligible for $37M if he reaches 200% of his targets and is getting a massive option grant of 21 million shares at an extremely low strike price of around $10 per share, giving him the theoretical opportunity to make $1.4B if Warner Brothers' share price regains its 2021 high of $77.Boeing's longest-tenured director Lynn Good joins the Board of Morgan Stanley just two days after the crash of a Boeing 787 Dreamliner in India killed more than 200 people.Airbnb CEO Brian Chesky says his company is a 'convenient scapegoat' as European cities protest overtourism“In Barcelona, housing prices rose 60% over the past decade, but Airbnb listings actually decreased. So we can't be the culprits.”Corporate Italy lacks female CEOs, stock exchange head warnsClaudia Parzani, the head of Milan's stock exchange: Italy lacks women in position of leadership and that's a cultural issue that the business community needs to fix: “Last year we probably reached the lowest level of female CEOs leading listed companies at Milan's Stock Exchange.” Of course the article provided no data.Australia's highest-paid CEOs revealed — and the one woman on the listShemara Wikramanayake, the only woman in the top 20, made $30 million as CEO of Macquarie Group.Goodliest of the Week (MM/DR):DR: What Is a ‘Fridge Cigarette'? A New Term for Diet Coke Gains Traction. MM DR MM: Lawyers Just Discovered Something About Meta's AI That Could Cost Zuckerberg Untold Billions of DollarsIt spits out large portions of books verbatimMM: Disturbing Test Shows What Happens When Tesla Robotaxi Sees a Child Mannequin Pop Out From Behind a School BusAssholiest of the Week (MM): Musk's xAI Burns Through $1 Billion a Month as Costs Pile Up DRxAI: $12bn/yr burnWe build AI specifically to advance human comprehension and capabilities.Musk says SpaceX vision for Mars will save humanity as he continues to push human extinction fearsOpenAI: $5bn/yr burnOpenAI is an AI research and deployment company. Our mission is to ensure that artificial general intelligence benefits all of humanity.Anthropic: $3bn/yr burnWe strive to make decisions that maximize positive outcomes for humanity in the long run.Act for the global good.Low end estimate to end world hunger per year: $7bnWorld Bank estimate for clean water for all humanity: $150bn/yearNumber of US households without water access: 19mCompliance costs for Clean Air Act: $65bn/yrAnd the great AI investment is getting us…Lowe's CEO says young workers should stay away from the corporate office and close to the cash register"AI isn't going to fix a hole in your roof," Lowe's CEO Marvin Ellison said. "It's not going to respond to an electrical issue in your home. It's not going to stop your water heater from leaking."Amazon CEO tells employees to expect cuts to white-collar jobs because of AIAs ChatGPT Linked to Mental Health Breakdowns, Mattel Announces Plans to Incorporate It Into Children's ToysSeems like, like all tech bro toys, they start with “good of humanity” and end with “rich”Dario Amodei net worth: 1.2bnMusk net worth: 406bnAltman net worth: 1.8bnSpotify's Daniel Ek leads $694 million investment in defense startup Helsing DRPalantir, Meta, OpenAI execs to commission into Army reserve, form ‘Detachment 201'OpenAI wins $200 million U.S. defense contractSpeaking of tech bro middle school manbabies… ever notice how when they're done building their “innocent” empire (paying for things online! 3d goggles! Internet friends!), at some point while swimming in their dual class billions they invest in “defense”?Is it just that middle school boys love things that blow up? Is it really so simple that they all stopped maturing at age 13?Headliniest of the WeekDR: Dimon: CEOs can't expect "everything to be constantly easy"DR: On Juneteenth, Trump says the US has 'too many' holidays "Too many non-working holidays in America … The workers don't want it either!"MM: Jamie Dimon says creating a functional workplace means firing 'a—holes'Who Won the Week?DR: Airbus. Because it's not Boeing.MM: RFK Jr - attacking pharma ads? Good. Healthy Starbucks? Good. Not being involved in starting world war III with Iran? Good. OMG, RFK Jr won the week… PredictionsDR: Tech CEOs start wearing military hats with the main decal being a digital number representing their wealth calculated to the second based on current share price; gold stars representing how many votes per share their class B holdings represent; and stripes represent how many years of college they did NOT attend: 3 stipes meaning they dropped out 2nd semester of first yearMM: Boeing's Ortberg, after reading this paper (Chief executive officer (CEO) Machiavellianism and executive pay.) on how CEOs who act like Machiavelli suggested are successful, decides to fire HALF of Boeing, and give the other half donuts on Fridays in the breakroom because, “...any cruelty has to be executed at once, so that the less it is tasted, the less it offends; while benefits must be dispensed little by little, so that they will be savored all the more.”
The Rich Zeoli Show- Full Episode (06/12/2025): 3:05pm- On Thursday, President Donald Trump signed joint Congressional resolutions which will block California from enacting its ban on gasoline-powered vehicles by 2035—revoking a federal waiver allowing states to set their own tailpipe emissions standards under the Clean Air Act. Unsurprisingly, Gov. Gavin Newsom (D-CA) immediately released a statement announcing California will legally challenge the resolutions: “We are suing to stop this latest illegal action by a President who is a wholly-owned subsidiary of big polluters.” 3:15pm- Want to see the most deranged protester in all of Los Angeles? I think we have found her! The woman—who is carrying a leaf blower—vociferously proclaims that Los Angeles belongs to Mexico and tells Donald Trump to suck a body part that women don't have! Plus, she says that Trump is only interested in deporting illegal migrants so that he can get revenge on Selma Hayek—who she claims rejected Trump's romantic advances. 3:20pm- During a news conference on Thursday, Department of Homeland Security Secretary Kristi Noem was berated by Sen. Alex Padilla as she attempted to highlight the Trump Administration's removal of dangerous criminals residing in the U.S. unlawfully. Padilla was so disruptive that he needed to be escorted out of the room by security. 3:45pm- Sen. Dave McCormick—United States Senator from Pennsylvania—joins The Rich Zeoli Show to discuss Amazon investing $20 billion in rural Pennsylvania for AI infrastructure, anti-ICE riots in Los Angeles, and the One Big Beautiful Bill Act. 4:05pm- Breaking News: The House of Representatives has passed a recissions package that will claw back billions of dollars in federal funding to NPR and PBS. The package will now head to the Senate. 4:15pm- Who is funding the left's “No Kings” protests? Walmart heiress Christy Walton—the widow of John T. Walton, son of Walmart founder Sam Walton—funded a full-page advertisement in The New York Times promoting a nationwide protest against President Donald Trump's Flag Day celebration in Washington D.C. The New York Post notes that Christy Walton has no role in Walmart's operations but has a net worth of over $19 billion. Rich notes that it's important to remember Walmart and its employees have played absolutely no part in this—and shouldn't be financially punished via a boycott for an heiress's far-left ideology. 4:40pm- The No Kings protest is expected to occur in numerous cities across the country this Saturday—including Philadelphia. Will District Attorney Larry Krasner prosecute protesters that turn violent? Nope! 5:05pm- Frannie Block—Reporter for The Free Press—joins The Rich Zeoli Show to discuss her latest article, “Reading, Writing, and Racism: The Three R's of Philly Public Schools.” You can read the full article here: https://www.thefp.com/p/philadelphia-radical-curriculum-racism-israel. 5:20pm- The No Kings protest is expected to occur in numerous cities across the country this Saturday—including Philadelphia. Will District Attorney Larry Krasner prosecute protesters that turn violent? Nope! During a press conference on Thursday, Krasner shamelessly compared President Donald Trump to Adolf Hitler. 5:40pm- During a news conference on Thursday, Department of Homeland Security Secretary Kristi Noem was berated by Sen. Alex Padilla as she attempted to highlight the Trump Administration's removal of dangerous criminals residing in the U.S. unlawfully. Padilla was so disruptive that he needed to be escorted out of the room by security. 5:45pm- What are Matt's top 3 favorite Martin Scorsese films of all time? Rich and Justin are disgusted by the list…but, sadly, not surprised. 6:05pm- Daniel Turner— Founder and Executive Director of Power the Future—joins The Rich Zeoli Show to discuss President Donald Trump signing joint Congressional resolutions which will block California from enacting its ban on gasoline-powered vehicles by 2035. ...
The Rich Zeoli Show- Hour 1: 3:05pm- On Thursday, President Donald Trump signed joint Congressional resolutions which will block California from enacting its ban on gasoline-powered vehicles by 2035—revoking a federal waiver allowing states to set their own tailpipe emissions standards under the Clean Air Act. Unsurprisingly, Gov. Gavin Newsom (D-CA) immediately released a statement announcing California will legally challenge the resolutions: “We are suing to stop this latest illegal action by a President who is a wholly-owned subsidiary of big polluters.” 3:15pm- Want to see the most deranged protester in all of Los Angeles? I think we have found her! The woman—who is carrying a leaf blower—vociferously proclaims that Los Angeles belongs to Mexico and tells Donald Trump to suck a body part that women don't have! Plus, she says that Trump is only interested in deporting illegal migrants so that he can get revenge on Selma Hayek—who she claims rejected Trump's romantic advances. 3:20pm- During a news conference on Thursday, Department of Homeland Security Secretary Kristi Noem was berated by Sen. Alex Padilla as she attempted to highlight the Trump Administration's removal of dangerous criminals residing in the U.S. unlawfully. Padilla was so disruptive that he needed to be escorted out of the room by security. 3:45pm- Sen. Dave McCormick—United States Senator from Pennsylvania—joins The Rich Zeoli Show to discuss Amazon investing $20 billion in rural Pennsylvania for AI infrastructure, anti-ICE riots in Los Angeles, and the One Big Beautiful Bill Act.
Pittsburghers are bookending the week with Downtown protests, from an anti-ICE rally to "No Kings" gatherings. In honor of the U.S. Open, we're digging into the history of Oakmont's golf course. It's a notoriously hard course – and the owner designed it to punish a bad shot. Plus, we're excited about a new bridge, and we're sharing your thoughts on increasing paid sick leave for employees in the city and why our county health department's stacked with air quality workers. Notes and references from today's show: Joining Los Angeles protesters and others, Pittsburgh union members and officials rail against ICE actions [PublicSource] Pittsburgh-area agencies officially helping ICE [Axios Pittsburgh] What Actually Happens During an ICE Raid? [City Cast Pittsburgh] Lo que realmente ocurre durante una redada de ICE [City Cast Pittsburgh] Pittsburgh Police Policies and Procedures: "Unbiased Policing" [City of Pittsburgh] Mayor Gainey speaking at the rally Downtown [Twitter] Casa San José Resources; phone number: 412-736-7167 [Casa San José] Pittsburgh to join nationwide anti-Trump protests [Axios Pittsburgh] Pittsburgh's Paid Sick Leave Bill, Explained [City Cast Pittsburgh] The road to the Clean Air Act passes through Pittsburgh [WESA] A Brief History of Oakmont Country Club [Pittsburgh Magazine] Änna Bencivenga's posts about the U.S. Open [LinkedIn here and here] Golf with Us program [Youth on Course] Not on Our Dime responds to a Jewish Federation lawsuit seeking over $80k in legal fees [City Paper] Carnegie Mellon Alumnae Earn 2 2025 Tony Awards [Carnegie Mellon] New Pittsburgh Pedestrian Bridge Opens Between Brighton Heights and Riverview Park [Pittsburgh Magazine] Park & Playground Improvements [City of Pittsburgh] Pittsburgh Celebrates Juneteenth 2025 with Monthlong Events [City of Pittsburgh] Pittsburgh preparing for month of Juneteenth events; independent celebration still awaiting permit [TribLive] The Frick Pittsburgh's Clayton mansion—now a Nationally Registered Historic Place—undergoes $10 million preservation effort [The Frick] Learn more about the sponsors of this June 13th episode: Bike PGH Tree Pittsburgh Heinz History Center Become a member of City Cast Pittsburgh at membership.citycast.fm. Want more Pittsburgh news? Sign up for our daily morning Hey Pittsburgh newsletter. We're also on Instagram @CityCastPgh! Interested in advertising with City Cast? Find more info here. Learn more about your ad choices. Visit megaphone.fm/adchoices
*UPDATE: This episode of The L.A. Report was updated to reflect a federal judge's temporary restraining order against the use of military personnel in Los Angeles, which was issued after the initial P.M. Edition was published. A judge has temporarily blocked the deployment of the National Guard and Marines in the L.A. protests. Senator Alex Padilla was forcibly removed from a press conference today. And the Trump administration has moved to block California's rule ending the sale of new gas powered cars by 2035. Plus, more.Support The L.A. Report by donating at LAist.com/join and by visiting https://laist.comVisit www.preppi.com/LAist to receive a FREE Preppi Emergency Kit (with any purchase over $100) and be prepared for the next wildfire, earthquake or emergency!Support the show: https://laist.com
In Episode 503 of District of Conservation, Gabriella discusses to important updates relating to the EPA: the official repeal of the Biden-era CA EV mandate and rule change to Clean Power Plan 2.0. Context on these developments: First, the Biden administration granted a Clean Air Act exemption to California to adopt CARB's Advanced Clean Cars II package mandating all new car sales by 2035 be electric. Second, the Biden administration would have forced the premature shut down of existing coal and new natural gas plants unless they were retrofitted with carbon capture technology that isn't viable yet. Tune in to learn more about both updates!SHOW NOTESCARB Zero-Emissions StandardsH.J.Res.87EPA Administrator Zeldin Celebrates President Trump Officially Ending California's Vehicle Waivers, Delivering Another Major Blow to the EV MandateHow Many Electric Cars Are There in the U.S.?EPA Proposes Repeal of Biden-Harris EPA Regulations for Power Plants, Which, If Finalized, Would Save Americans More than a Billion Dollars a YearEPA's Clean Power Plan Rule Prioritizes Net-Zero Over Grid Reliability
Can environmental rollbacks be reversed, or are we already too late? Inside Climate News reporter Kiley Bense examines President Trump's first 100 days in office. focusing on the effects of his environmental policy—including massive EPA funding cuts, the dismantling of federal agencies, and the weakening of environmental safeguards. Bense unpacks how these actions threaten progress on the climate crisis, undermine disaster response through FEMA restructuring, and put vulnerable communities at greater risk by defunding the LIHEAP program. You can find Kiley's work at insideclimatenews.org/profile/kiley-bense. If you want to help us reach our goal of planting 30k trees AND get a free tree planted in your name, visit aclimatechange.com/trees to learn how.
(The Center Square) – As Congress contemplates repealing California's ability to impose stricter emission standards than the federal Clean Air Act, which is currently also implemented in Washington state, the trucking industry continues to receive criticism for not cooperating with its implementation. Meanwhile the trucking industry continues to reiterate its stance that the regulations are not based in the realities of existing technology. Support this podcast: https://secure.anedot.com/franklin-news-foundation/ce052532-b1e4-41c4-945c-d7ce2f52c38a?source_code=xxxxxx Read more: https://www.thecentersquare.com/washington/article_4db973de-1bed-4e6a-9f22-5a6ce1a33fc7.html
America's infrastructure future isn't being decided in Washington—it's being fought permit by permit in state capitals across the country. While politicians talk about building more, the real bottlenecks are happening where rubber meets bureaucratic road.From Donald Trump to Pete Buttigieg, everyone agrees: America has forgotten how to build things. But even if Washington cleared every federal rule tomorrow, states would still hold the keys to actually breaking ground. Whether it's Clean Air Act permits, water discharge approvals, or the maze of mini-NEPAs and local reviews, states issue most of the paperwork that determines if your project lives or dies.This isn't just red tape—it can be competitive advantage. States that master the art of streamlined permitting without sacrificing environmental standards can capture billions in reshoring investment. Digital dashboards, consolidated reviews, shot-clocks with automatic approvals—these bureaucratic innovations are becoming economic development superpowers.Federal dollars from infrastructure, CHIPS, and climate bills are queued up, but shovels aren't hitting the ground. From geothermal in California to advanced nuclear in Montana, nearly every clean technology faces its first real test at the state level. Joining us are Emmet Penney, Senior Fellow at FAI focusing on Infrastructure and Energy, and Thomas Hochman, Director of Infrastructure Policy at FAI. For more on what's working and what's not, check out their State Permitting Playbook and the new State Permitting Scorecard.
Issue(s): Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect." ★ Support this podcast on Patreon ★
Issue(s): Whether a final action by the Environmental Protection Agency taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the U.S. Court of Appeals for the District of Columbia Circuit because the agency published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states. ★ Support this podcast on Patreon ★
In today's episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We'll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. Attorneys for this episode Tim Mooney Quyen Tu Susan Finkle Sourlis Shownotes Current Events / Executive Orders: • Trump Administration Environmental Rollbacks • Rescinded EPA's Environmental Justice Screening Tool (EJSCREEN) • Repealed Biden-era executive orders on Justice40, climate equity, and cumulative impacts assessments • Reinstated NEPA rules from 2019, reducing environmental review for pipelines, highways, and factories • Revoked protections for sacred Indigenous lands (e.g., Bears Ears downsizing, drilling leases on Chaco Canyon perimeter) • Impacts on Vulnerable Communities: • Halted all EPA funding for community air monitoring programs in EJ-designated census tracts • Suspended grants to community-based climate resilience projects • Cut FEMA's BRIC (Building Resilient Infrastructure and Communities) equity prioritization language • Reopened refineries and power plants previously closed for Clean Air Act violations, especially in Black and Latino neighborhoods • EPA DEI cuts: • Environmental Protection Agency (EPA) has announced plans to cancel nearly 800 environmental justice grants, totaling over $1.5 billion, which were intended to support projects mitigating climate change impacts in vulnerable communities . • Additionally, the EPA is undergoing a reduction in force, affecting employees in its Office of Environmental Justice and External Civil Rights, as part of a broader effort to realign the agency's mission · Non-Lobbying Advocacy o Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can… o Educate the public about issues of importance to your organization. § Waterkeeper Alliance is holding EPA Admin Lee Zeldin accountable for cuts to PFAS research. o Hold a rally § Memphis Community Against Pollution rallied to celebrate a victory for clean water, while turning its attention to a clean air fight against an Elon Musk-owned company's proposed data center. o Initiate or participate in litigation § AFJ member Earthjustice has sued the Trump administration's improper withholding of IRA grant funds for projects that included Rural Energy for America Program (REAP) grants to install solar panels on small farms. o Fund Advocacy § Meyer Memorial Trust funded 41 organizations with EJ awards totaling $6.9 million in 2024 with a focus on frontline and indigenous communities · Lobbying o 501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities. o Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in. § Insubstantial part test vs. 501(h) expenditure test. § Under either test, lobbying includes attempts to influence legislation at any level of government. § Track your local, state, and federal lobbying, and stay within your lobbying limits. o State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy. o Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws. o Lobbying wins § Hawaii just passed a first-of-its-kind climate tax on short-term accommodations to fund defenses against climate change fueled disasters. Sierra Club of Hawaii has been actively lobbying on climate change legislation for years. § Ballot measure wins (h/t The Nature Conservancy) · California: $10 billion climate bond that funds climate resilience, protecting clean drinking water and preventing catastrophic wildfires. · Washington: An effort to roll back the state's Climate Commitment Act was defeated. The CCA provides millions for conservation, climate and wildfire funding, including funding for Tribal nations and at-risk communities. · Minnesota: Renewal of the Environment and Natural Resources Trust Fund for another 25 years. The fund will provide $2 billion ($80 million per year from state lottery proceeds) to protect water, land and wildlife across the state. Resources – · Earth & Equity: The Advocacy Playbook for Environmental Justice · Public Charities Can Lobby (Factsheet) · Practical Guidance: what your nonprofit needs to know about lobbying in your state · Investing in Change: A Funder's Guide to Supporting Advocacy · What is Advocacy? 2.0
Under the Clean Air Act, the Environmental Protection Agency (EPA) is required to regulate emissions that “cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare.” The Supreme Court held in Massachusetts v. EPA that greenhouse gases are considered pollutants under the Act, so whether they can be regulated depends on whether they endanger public health. The EPA issued the Endangerment Finding that greenhouse gas emissions cross this threshold in 2009. Any actual regulation of greenhouse gas emissions is issued by EPA separately, such as greenhouse gas emissions standards for vehicles. On March 12th, 2025, EPA Administrator Lee Zeldin announced that the EPA would be initiating “formal reconsideration of the 2009 Endangerment Finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies.” Join us Friday, May 9th, from 11am – 12pm EST, as our panel of legal experts discusses the various questions surrounding the proposed revisions, such as preemption, cost revision, and how these changes would be implemented. Featuring: Michael Buschbacher, Partner, Boyden Gray PLLC Richard Belzer, Independent Consultant Jonathan Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law (Moderator) Laura Stanley, Gibson Dunn, LLP
In Episode 95 of Brave New World, Palaeontologist Peter Ward returns to explore life's evolutionary journey and examine compelling possibilities for its future direction. Useful Resources: 1. Peter Ward on Wikipedia and The University Of Washington. 2. Stephen Jay Gould. 3. Wonderful Life: The Burgess Shale and Nature Of History – Stephen Jay Gould. 4. Cambrian Explosion. 5. Burgess Shale. 6. Nick Lane. 7. Oxygen: The Molecule That Made The World – Nick Lane. 8. Life Ascending: The Ten Great Inventions of Evolution – Nick Lane. 9. David Catling on Wikipedia and the University Of Washington. 10. Eukaryote. 11. Lynn Margulis. 12. Carl Sagan. 13. Chemoreceptors. 14. My Octopus Teacher. 15. Pippa Ehrlich On The Mysteries of The Sea – Episode 77 Of Brave New World. 16. Methuselah Foundation and Methuselah Mice. 17. CRISPR. 18. Future Evolution – Peter Ward. 19. After Man: A Zoology Of The Future - Dougal Dixon. 20. Future Evolution with Alexis Rockman 21. Rare Earth: Why Complex Life is Uncommon in the Universe – Peter Ward and Donald Brownlee. 22. Seth Shostak on Extraterrestrial Life – Episode 85 of Brave New World. 23. Drake Equation. 24. Endangered Species Act, Clean Air Act. 25. Daniel J. Evans. 26. David Battisti 27. Edward O. Wilson 28. Biophilia – Edward O. Wilson Check out Vasant Dhar's newsletter on Substack. The subscription is free!
In this episode, Braxton Critcher covers several major developments in the automotive industry. He updates listeners on the movement to overturn California's Clean Air Act, highlighting bipartisan support and implications for gas-powered vehicles. Braxton also discusses the recent recall of nearly 300,000 Ford vehicles due to faulty backup cameras, emphasizing which models are affected and how customers can get repairs. Finally, he shares a positive story from Connecticut, where funds raised through a local car show are helping cover auto repairs for residents in need. 00:00 SEMA Push Against 2035 Gas Ban04:19 Auto Industry's Tariff Concerns08:53 "Car Enthusiast Hosts Charity Show"10:18 Connecticut Repair Initiative Story Preview
“We did lots of infrastructure investments over the last handful of years to make sure our communities are in the best possible place they can be. And we complemented federal investment with workforce investment to ensure Michiganders are getting access to those kinds of roles, some of which didn't even exist previously. [This ensures] that Michigan communities could benefit from learning to be solar installers and get access to new economic income streams.” Hilary Doe on Electric Ladies Podcast The Justice Department is suing Michigan over its climate initiatives under the Clean Air Act. Michigan has the fastest-growing clean energy job sector in the U.S., with over 120,000 clean energy jobs. In addition, a recent study ranked Michigan at limited risk from climate change-related events, so it may attract millions of Americans who may relocate to escape extreme climate events. Listen to Hilary Doe, Michigan's first Chief Growth Officer (and the first in the country) on Electric Ladies Podcast with Joan Michelson. She describes how Michigan rapidly leveraged the Inflation Reduction Act to increase their climate resilience, economic growth and innovation. Now, Michigan is rated as one of the best places to live, work, raise a family and start a business. You'll hear about: Michigan's efforts to position itself as a climate-resilient and clean energy hub. The state's fast growing startup ecosystem and innovation centers, particularly in clean tech and mobility. The impact of climate change on businesses and the trend of "climate migration" to Michigan and the Midwest. Strategies for retaining and attracting talent, including new programs like "Make My Home". Plus, insightful career advice. “Many folks start to experience frustration because they have built such a wealth of expertise and have so much to offer, but they might feel just stuck. In my experience, when I've been able to jump off that ladder and pursue something, a different context, a different platform, that lets me get unstuck. It's risky, but sometimes it just unlocks so much passion in an individual that to do exactly what you're meant to do and share all your gifts and be more successful than maybe you could have been in the other context.” Hilary Doe on Electric Ladies Podcast You'll also like: Tensie Whelan, Founding Director of NYU Stern on why sustainable business is good business. Doreen Harris, President and CEO of NYSERDA, on how New York is leading the way to the clean energy future. Jennifer Granholm, 16th U.S. Secretary of Energy, gives three reasons why clean energy is here to stay. Sherri Goodman, former Deputy Undersecretary of Defense, on why climate change is an issue of national security. Joan Michelson's Forbes article on Communicating Creatively On Climate To Save Lives. Read more of Joan's Forbes articles here. More from Electric Ladies Podcast! JUST LAUNCHED: Join our global community at electric-ladies.mykajabi.com! For a limited time, be a member of the Electric Ladies Founders' Circle at an exclusive special rate. Elevate your career with expert coaching and ESG advisory with Electric Ladies Podcast. Unlock new opportunities, gain confidence, and achieve your career goals with the right guidance. Subscribe to our newsletter to receive our podcasts, articles, events and career advice – and special coaching offers. Thanks for subscribing on Apple Podcasts, iHeart Radio and Spotify and leaving us a review! Don't forget to follow us on our socials Twitter: @joanmichelson LinkedIn: Electric Ladies Podcast with Joan Michelson Twitter: @joanmichelson Facebook: Green Connections Radio
Lisa Patel is a pediatrician and an expert in environmental health who says that pollution is taking an increasing toll on children's health. Pollution from wildfires, fossil fuels, and plastics can cause asthma, pneumonia, and risks dementia in the long-term. But, she says, all hope is not lost. Solutions range from DIY air filters to choosing induction stoves over gas, cutting down on meat consumption and plastics use, and pursuing clean energy, among other strategies. If we all take local action, we can solve this problem globally, Patel tells host Russ Altman on this episode of Stanford Engineering's The Future of Everything podcast.Have a question for Russ? Send it our way in writing or via voice memo, and it might be featured on an upcoming episode. Please introduce yourself, let us know where you're listening from, and share your question. You can send questions to thefutureofeverything@stanford.edu.Episode Reference Links:Stanford Profile: Lisa PatelConnect With Us:Episode Transcripts >>> The Future of Everything WebsiteConnect with Russ >>> Threads / Bluesky / MastodonConnect with School of Engineering >>> Twitter/X / Instagram / LinkedIn / FacebookChapters:(00:00:00) IntroductionRuss Altman introduces guest Lisa Patel, a professor of pediatrics at Stanford University.(00:03:39) Climate Advocacy JourneyThe personal events that drove Lisa's focus to environmental health.(00:04:53) Fossil Fuels and Clean Air ActHow fossil fuels and weakened regulations harm public health.(00:07:20 Long-Term Health ImpactsLinks between pollution to asthma, cancer, and early Alzheimer's.(00:10:12) Air Quality Guidance for FamiliesAdvising parents on air quality monitoring and precautions.(00:13:04) Indoor Cooking and Gas PollutionHow pollution from gas stoves impacts indoor air quality.(00:14:37) Lead in Water and Health RisksCurrent issues with lead exposure in water for children.(00:16:24) Microplastics and Early Health DamageEvidence showing widespread microplastics are harmful to health.(00:19:12) Clean Energy Progress and SetbacksBenefits of renewable energy and dangers of policy rollback.(00:21:22) Active Transport and Better AirThe environmental impact of increasing public transit.(00:22:44) Benefits of Electric VehiclesHow electric vehicles are linked to cleaner air and healthier kids.(00:23:51) Plant-Forward Diets for HealthWhether plant-forward diets aid personal and planetary health.(00:25:33) Kids Leading Dietary ChangesChildren's reactions and adaptations to plant-forward diets.(00:28:12) Taking Local ActionThe local actions that can offer real solutions for change.(00:31:01) Conclusion Connect With Us:Episode Transcripts >>> The Future of Everything WebsiteConnect with Russ >>> Threads / Bluesky / MastodonConnect with School of Engineering >>>Twitter/X / Instagram / LinkedIn / Facebook
Clean Wisconsin has been keeping track of the many attacks on bedrock environmental safeguards being carried out by the Trump Administration. Dozens of rules and regulations that protect our air, water, land, endangered species and more are being targeted. With so much happening in such a short time, how do you know what's important, what's just a lot of bluster, and what's even legal? Host: Amy Barrilleaux Guest: Brett Korte, Clean Wisconsin attorney Resources for You: Running list of attacks on environmental safeguards 1/20 Freeze All In-Progress Standards EO - Freezes in-progress climate, clean air, clean water (including proposed limits on PFAS in industrial wastewater) and consumer protections. 1/20 Energy Emergency Declaration EO - Authorizes federal government to expedite permitting and approval of fossil fuel, infrastructure, and mining projects and circumvent Clean Water Act and Endangered Species Act requirements. 1/20 Withdrawal from Paris Climate Agreement EO - Reverses the US' international commitment to tackling climate change and reducing pollution. 1/20 Revokes Biden Climate Crisis and Environmental Justice Executive Actions EO - Reverses U.S. commitment to fight climate change and its impacts, and protect overburdened communities. 1/20 Attacks on Clean Car Standards EO - to stop clean car standards that required automakers to reduce tailpipe pollution from vehicles beginning in 2027. 1/20 Resumes LNG Permitting EO - Expedites Liquid Natural Gas export terminal approval over analysis finding exports raise energy costs for consumers. Attacks Climate and Clean Energy Investments from IRA and BIL EO - Freezes unspent funds from the Inflation Reduction Act and Infrastructure Investment and Jobs Act and directs agencies to reassess. 1/20 Attacks NEPA Protections EO - Rescinds order requiring White House Council on Environmental Quality (CEQ) to assess environmental and community impacts and allow community input into federal infrastructure projects. 1/21 Expands Offshore Oil Drilling EO - Reopens U.S. coastlines to offshore drilling. 1/21 Terminate American Climate Corps EO - Ends all programs of the American Climate Corps, which created thousands of jobs combatting climate change and protecting and restoring public lands. 1/21 Freezes New Wind Energy Leases EO - Withdraws wind energy leasing from U.S. waters and federal lands. 1/21 Open Arctic National Wildlife Refuge and other Alaska Lands for Drilling EO - Reopens sensitive federal lands and waters in Alaska to drilling. 1/28 EPA's Science Advisory Panel Members Fired Memorandum - Acting EPA administrator James Payne dismisses members of the Clean Air Scientific Advisory Committee and Science Advisory Board, which provides independent expertise to the agency on air quality standards and sources of air pollution. 1/28 EPA Suspends Solar For All Grants Memorandum - The EPA halted $7 billion in contractually obligated grants for Solar For All, an Inflation Reduction Act program that delivers clean energy and lower prices to vulnerable communities 1/31 Trump administration scrubs "climate change" from federal websites Memorandum - Mentions of climate change have been removed from federal websites such the Department of Agriculture, which includes the Forest Service and climate-smart agriculture programs, and the EPA. 2/3 Trump requires removal 10 existing rules for every new rule EO - The order requires that when an agency finalizes a new regulation or guidance they identify 10 existing rules to be cut. 2/3 Interior secretary weakens public lands protections in favor of fossil fuel development Sec Order - After Trump's "Unleashing American Energy" executive order, Interior Secretary Burgum ordered the reinstatement of fossil fuel leases, opened more land for drilling, and issued orders weakening protections of public lands, national monuments and endangered species, and overturned advanced clean energy and climate mitigation strategies. 2/5 Energy secretary announces review of appliance efficiency standards Sec Order - Energy Secretary Wright ordered a review of appliance standards following Trump's Day One order attacking rules improving the efficiency of household appliances such as toilets, showerheads, and lightbulbs as part of a secretarial order intended to increase the extraction and use of fossil fuels. 2/5 Army Corps of Engineers halts approval of renewables Guidance via DOD - The Army Corps of Engineers singled out 168 projects – those that focused on renewable energy projects – out of about 11,000 pending permits for projects on private land. Though the hold was lifted, it was not immediately clear if permitting had resumed. 2/6 Transportation Department orders freeze of EV charging infrastructure program Memorandum - A Transportation Department memo ordered the suspension of $5 billion in federal funding, authorized by Congress under the National Electric Vehicle Infrastructure (NEVI) program, for states to build electric vehicle chargers. 2/11 SEC starts process to kill climate disclosure rule Memorandum - The acting chair of the Securities and Exchange Commission paused the government's legal defense of a rule requiring companies to identify the impact of their business on climate in regulatory findings. The rule was challenged in court by 19 Republican state attorneys general and the U.S. Chamber of Commerce, and Energy Secretary Chris Wright's Liberty Energy, among others. 2/14 EPA fires hundreds of staff Memorandum - The Trump administration's relentless assault on science and career expertise at the U.S. Environmental Protection Agency continued today with the firing of almost 400 staff who had ‘probationary' status. 2/14 DOE issues the first LNG export authorization under new Trump administration DOE Secretary Wright issued an export authorization for the Commonwealth LNG project in Cameron Parish, Louisiana, despite a 2024 DOE report finding that unfettered LNG exports increase energy bills and climate pollution. 2/18 Trump issues order stripping independent agencies of independence EO - Trump signed an executive order stripping independent regulatory agencies, including the Federal Energy Regulatory Commission (FERC) and the Securities and Exchange Commission (SEC) of their independence, moving them to submit proposed rules and final regulations for review by the White House Office of Information and Regulatory Affairs (OIRA) and granting the attorney general exclusive authority over legal interpretations of rules. The order is likely to be challenged as Congress created these agencies specifically to be insulated from White House interference. 2/19 Zeldin recommends striking endangerment finding Memorandum - After Trump's "Unleashing American Energy" executive order, EPA Administrator Lee Zeldin has told the White House he would recommend rescinding the bedrock justification defining six climate pollutants – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride – as air pollution to be regulated by the Clean Air Act. 2/19 Trump administration moves to rescind all CEQ regulatory authority Rulemaking - The Trump administration has moved to rescind the Council on Environmental Quality's role in crafting and implementing environmental regulations, revoking all CEQ orders since 1977 that shape how federal agencies comply with the National Environmental Policy Act (NEPA) which requires the government to consider and disclose environmental impacts of its actions. 2/19 Trump directs agencies to make deregulation recommendations to DOGE EO - Trump issues executive order directing agencies to work with the Department of Government Efficiency (DOGE) to make recommendations that will accelerate Trump's efforts to dismantle regulations across the federal government as part of his 10 out, 1 in policy. Among the protections likely to be in DOGE's crosshairs are those that keep polluters from ignoring environmental laws and protect clean air and water. 2/19 FEMA staff advised to scrub "changing climate" and other climate terms from documents Memorandum - A Federal Emergency Management Agency memo listed 10 climate-related words and phrases, including "changing climate," “climate resilience,” and “net zero," to be removed from FEMA documents. The memo comes after USDA workers were ordered to scrub mentions of climate change from websites. 2/21 Greenhouse Gas Reduction Fund Director Placed on Administrative Leave Guidance - According to media reports, EPA administrator Lee Zeldin has put the Greenhouse Gas Reduction Fund (GGRF) director on administrative leave. The GGRF is a $27 billion federal financing program that addresses the climate crisis and is injecting billions of dollars in local economic development projects to lower energy prices and reduce pollution especially in the rural, urban, and Indigenous communities most impacted by climate change and frequently left behind by mainstream finance. 2/27 Hundreds fired as layoffs begin at the National Oceanic and Atmospheric Administration Guidance - On Thursday, February 27, about 800 employees at NOAA, the agency responsible for the nation's bedrock weather, climate, fisheries, and marine research, were fired in the latest round of Trump administration-led layoffs. The layoffs could jeopardize NOAA's ability to provide life-saving severe weather forecasts, long-term climate monitoring, deep-sea research and fisheries management, and other essential research and policy. 3/10 Energy secretary says climate change a worthwhile tradeoff for growth Announcement - Speaking at the CERAWeek conference, Energy Secretary Chris Wright said the Trump administration sees climate change as “a side effect of building the modern world,” and pledged to “end the Biden administration's irrational, quasi-religious policies on climate change." 3/10 Zeldin, Musk Cut $1.7B in Environmental Justice Grants Guidance - EPA Administrator Lee Zeldin announced the cancellation of 400 environmental justice-related grants, in violation of a court order barring the Trump administration from freezing "equity-based" grants and contracts. 3/11 EPA eliminates environmental justice offices, staff Memorandum - EPA Administrator Lee Zeldin ordered the closure of environmental justice offices at the agency's headquarters and at all 10 regional offices and eliminate all related staff positions "immediately." The reversal comes just days after the EPA reinstated environmental justice and civil rights employees put on leave in early February. 3/12 EPA Announcement to Revise "Waters of the United States" Rule Announcement - The EPA will redefine waters of the US, or WOTUS, to comply with the US Supreme Court's 2023 ruling in Sackett v. EPA, which lifted Clean Water Act jurisdiction on many wetlands, Administrator Lee Zeldin said 3/14 Zeldin releases 31-rollback ‘hit list' Memorandum (announced, not in effect as of 4/10) - EPA Administrator Lee Zeldin announced plans to dismantle federal air quality and carbon pollution regulations, identifying 31 actions ranging from from soot standards and power plant pollution rules to the endangerment finding – the scientific and legal underpinning of the Clean Air Act. 3/14 EPA halts enforcement of pollution rules at energy facilities Memorandum - According to a leaked memo, the EPA's compliance office has halted enforcement of pollution regulations on energy facilities and barred consideration of environmental justice concerns. The memo states: "Enforcement and compliance assurance actions shall not shut down any stage of energy production (from exploration to distribution) or power generation absent an imminent and substantial threat to human health or an express statutory or regulatory requirement to the contrary.” 3/14 Trump revokes order encouraging renewables EO - Trump signed an executive order rescinding a Biden-era proclamation encouraging the development of renewable energy. Biden's order under the Defense Production Act permitted the Department of Energy to direct funds to scale up domestic production of solar and other renewable technologies. 3/17 EPA plans to eliminate science staff Memorandum - Leaked documents describe plans to lay off as many as 1,155 scientists from labs across the country. These chemists, biologists, toxicologists and other scientists are among the experts who monitor air and water quality, cleanup of toxic waste, and more. 3/16 EPA invites waivers on mercury pollution and other hazardous pollutants Memorandum - The EPA invited coal- and oil-fired power plants to apply for exemptions to limits on mercury and other toxic pollutants under the Clean Air Act. Mercury is an extremely dangerous pollutant that causes brain damage to babies and fetuses; in addition to mercury, pollution from power plants includes hazardous chemicals that can lead to cancer, or damage to the lungs, kidneys, nervous system and cardiovascular system. 4/3 Trump administration adds "deregulation suggestion" website A new page on regulations.gov allows members of the public to submit "deregulation" ideas. The move is the latest in the Trump administration's efforts to slash public health, safety, and climate safeguards, and comes soon after the administration offered companies the opportunity to send the EPA an email if they wished to be exempted from Clean Air Act protections. 4/8 Series of four EOs to boost coal EO - Under the four orders, Trump uses his emergency authority to allow some older coal-fired power plants set for retirement to keep producing electricity to meet rising U.S. power demand amid growth in data centers, artificial intelligence and electric cars. Trump also directed federal agencies to identify coal resources on federal lands, lift barriers to coal mining and prioritize coal leasing on U.S. lands. In a related action, Trump also signed a proclamation offering coal-fired power plants a two-year exemption from federal requirements to reduce emissions of toxic chemicals such as mercury, arsenic and benzene. 4/9 Executive Order Attacking State Climate Laws EO - Directs the U.S. Attorney General to sue or block state climate policies deemed "burdensome" to fossil fuel interests — including laws addressing climate change, ESG investing, carbon taxes, and environmental justice. 4/9 New expiration dates on existing energy rules EO - The order directs ten agencies and subagencies to assign one-year expiration dates to existing energy regulations. If they are not extended, they will expire no later than September 30, 2026, according to a White House fact sheet on the order. The order also said any new regulations should include a five-year expiration, unless they are deregulatory. That means any future regulations would only last for five years unless they are extended. 4/17 Narrow Endangered Species Act to allow for habitat destruction The Trump administration is proposing to significantly limit the Endangered Species Act's power to preserve crucial habitats by changing the definition of one word: harm. The Endangered Species Act prohibits actions that “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect” endangered plants and animals. The word “harm” has long been interpreted to mean not just the direct killing of a species, but also severe harm to their environment
In March of 2025, the Competitive Enterprise Institute (CEI) released a major new publication, “Modernizing the EPA: A Blueprint for Congress.” This book explores numerous issues across the EPA and the statutes that it administers. The podcast discussion focuses primarily on how the EPA’s role has evolved, particularly as it relates to air regulation, including greenhouse gas regulation. In addition, the discussion highlights flaws and outdated aspects of the Clean Air Act and the need for Congress to reassert its lawmaking power. The lead author and co-editor of the book offers ideas on how Congress can refine the federal approach to environmental and climate policy. Listen in as Michael Buschbacher, Partner at Boyden Gray PLLC, interviews Daren Bakst, Director of CEI’s Center for Energy and Environment highlighting the key findings and recommendations in the publication.
The Clean Air Act has been an essential tool for reducing air pollution in the United States. But standard estimation methods may overstate its impact, according to a paper in the American Economic Journal: Economic Policy. Authors Lutz Sager and Gregor Singer reexamined the 2005 regulations targeting fine particulate matter (PM2.5) and found that improvements in air quality were closer to a 3 percent reduction in pollutants rather than the 10 percent suggested by conventional methods. However, they also found that the benefits from cleaner air may be larger than previous estimates suggested. Sager and Singer recently spoke with Tyler Smith about methods for properly estimating regulatory impacts that feature time trends and the implications for other measures based on estimates of air quality improvements.
Climate change and carbon dioxide came up regularly in ‘60s-era Congressional hearings, a team of Harvard historians has found. Learn more at https://www.yaleclimateconnections.org/
Earlier this week, the EPA rolled back some guidelines from the Clean Air Act that Arizona lawmakers from both sides of the aisle say were unfairly punishing efforts to keep emissions down. Nonprofits are bracing for higher demand for services on smaller budgets after tariffs and a rocky stock market close. A surge of demand of cannabis created an imminent need for a marijuana-specific trained workforce. Plus the latest tribal natural resources, health, Fronteras Desk and metro Phoenix news.
Administrative Law: Does the DC Circuit have exclusive jurisdiction over EPA decisions respecting state's implementation plans under the Clean Air Act? - Argued: Tue, 25 Mar 2025 8:38:43 EDT
Adminsitrative Law: Does the DC Circuit have exclusive jurisdiction over EPA decisions respecting exemptions from the Clean Air Act's Renewable Fuel Standard program? - Argued: Tue, 25 Mar 2025 8:35:58 EDT
The Supreme Court Tuesday heard arguments in a case about a procedural but important legal question: when the Environmental Protection Agency writes rules under the Clean Air Act and then a lawsuit is filed, where should that legal fight take place? POLITICO's Alex Guillén breaks down the case and how the high court's ruling could significantly impact future EPA regulations. Alex Guillén is an energy reporter for POLITICO Pro. Nirmal Mulaikal is the co-host and producer of POLITICO Energy. Annie Rees is the managing producer for audio at POLITICO. Gloria Gonzalez is the deputy energy editor for POLITICO. Matt Daily is the energy editor for POLITICO. For more news on energy and the environment, subscribe to Power Switch, our free evening newsletter: https://www.politico.com/power-switch And for even deeper coverage and analysis, read our Morning Energy newsletter by subscribing to POLITICO Pro: https://subscriber.politicopro.com/newsletter-archive/morning-energy Learn more about your ad choices. Visit megaphone.fm/adchoices
Hosts: Erin Rider and Taylor Morgan Utah's involved in a lawsuit against the Environmental Protection Agency over which courts can rule on disputes involving the Clean Air Act. Utah Attorney General Derek Brown and his team argued before the U.S. Supreme Court yesterday, saying that federal courts closer to the individual states should be able to rule on Clean Air Act disputes. Right now, those disputes go to a federal court in Washington, DC – something which some describe as giving a "home court advantage" to the EPA.
Hosts: Erin Rider and Taylor Morgan SCOTUS upholds Biden-era rules on ghost guns The United States Supreme Court has upheld another Biden-era rule. In a 7-2 decision, the Court upheld a lower court's ruling requiring background checks and other protective measures for ghost guns. As a result of the decision, ghost guns will continue to be treated the same as fully assembled firearms. The Inside Sources hosts break down the decision. The Atlantic releases all messages involved in “SignalGate” fiasco "SignalGate" isn't going away anytime soon. More Congressional hearings today as lawmakers try to figure out how the editor-in-chief of The Atlantic was included on an unsecured chat discussing military plans on the app Signal. The White House is blaming the whole fiasco on the journalist, Jeffrey Goldberg. Meanwhile National Security Advisor Mike Waltz says he takes full responsibility for the gaffe. Inside Sources digs into the latest, including a full release of all the messages in the chat. RFK Jr. Reportedly looking to ban pharmaceutical television ads Just turn on the TV for a bit, and you’re bound to see a drug advertisement that’s so common here in the United States. The U.S. and New Zealand are the only countries that allow drug companies to advertise directly to consumers, and it's a big business. But they could be going away... if Director of Health and Human Services Robert F. Kennedy Jr. gets his way. Inside Sources discusses this possibility. Utah A.G. taking part in lawsuit over the Clean Air Act Utah's involved in a lawsuit against the Environmental Protection Agency over which courts can rule on disputes involving the Clean Air Act. Utah Attorney General Derek Brown and his team argued before the U.S. Supreme Court yesterday, saying that federal courts closer to the individual states should be able to rule on Clean Air Act disputes. Right now, those disputes go to a federal court in Washington, DC – something which some describe as giving a "home court advantage" to the EPA. Gov. Cox vetoes bill that would have changed the relationship between the judicial and the executive branches Governor Spencer Cox has vetoed his second bill of 2025. Senate Bill 296 would have changed how the Chief Justice of the Utah Supreme Court is chosen. Currently, the other justices on the State Supreme Court choose the Chief Justice. The bill -- which Cox vetoed yesterday -- would have given the selection power to the Governor himself, with confirmation from the State Senate. Erin Rider and Taylor Morgan discuss the Governor’s reasoning for vetoing the bill. Polling data released on Republicans in Utah New polling shows something most politicos in the state already know -- Republicans still dominate the political scene in Utah. But the data also shows that there are factions splitting the party... largely over President Donald Trump. Inside Sources host Taylor Morgan is a polling nerd; he breaks down the findings with co-host Erin Rider. Tensing relationships between Greenland and the U.S. Last weekend, the White House announced that Second Lady Usha Vance would head to Greenland. Now, Vice President JD Vance, National Security Advisor Mike Waltz, and Energy Secretary Chris Wright have announced that they will go with her. It comes amid tense relations between the U.S., Greenland, and Denmark. Inside Sources discusses the latest on foreign policy. Washington, D.C. to become Washington, D.A.? Should Washington, DC become Washington, DA? Several Republican lawmakers have posited the idea of getting rid of the District of Columbia and replacing it with the District of America. Just yesterday, Colorado Representative Lauren Boebert warned other lawmakers to stop making fun of Trump's "Gulf of America,” saying that the "District of America" could be coming next.
A case in which the Court will decide whether challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program should be heard exclusively in the U.S. Court of Appeals for the D.C. Circuit because the agency's denial actions are “nationally applicable” or “based on a determination of nationwide scope or effect.”
A case in which the Court will decide whether challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program should be heard exclusively in the U.S. Court of Appeals for the D.C. Circuit because the agency's denial actions are “nationally applicable” or “based on a determination of nationwide scope or effect.”
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below.Louisiana v. Callais (March 24) - Election law, Civil Rights; Issue(s): (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether the majority erred in subjecting S.B. 8 to the preconditions specified in Thornburg v. Gingles; and (4) whether this action is non-justiciable.Riley v. Bondi (March 24) - Immigration; Issue(s): (1) Whether 8 U.S.C. § 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited; and (2) whether a person can obtain review of the Board of Immigration Appeals' decision in a withholding-only proceeding by filing a petition within 30 days of that decision.Environmental Protection Agency v. Calumet Shreveport Refining (March 25) - Jurisdiction, Federalism & Separation of Powers; Issue(s): Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act’s Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency’s denial actions are “nationally applicable” or, alternatively, are “based on a determination of nationwide scope or effect.”Oklahoma v. Environmental Protection Agency (March 25) - Jurisdiction, Federalism & Separation of Powers; Issue(s): Whether a final action by the Environmental Protection Agency taken pursuant to its Clean Air Act authority with respect to a single state or region may be challenged only in the U.S. Court of Appeals for the District of Columbia Circuit because the agency published the action in the same Federal Register notice as actions affecting other states or regions and claimed to use a consistent analysis for all states.Federal Communications Commission v. Consumers’ Research (March 26) - Federalism & Separation of Powers; Issue(s): (1) Whether Congress violated the nondelegation doctrine by authorizing the Federal Communications Commission to determine, within the limits set forth in 47 U.S.C. § 254, the amount that providers must contribute to the Universal Service Fund; (2) whether the FCC violated the nondelegation doctrine by using the financial projections of the private company appointed as the fund's administrator in computing universal service contribution rates; (3) whether the combination of Congress’s conferral of authority on the FCC and the FCC’s delegation of administrative responsibilities to the administrator violates the nondelegation doctrine; and (4) whether this case is moot in light of the challengers' failure to seek preliminary relief before the 5th Circuit.Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission (March 31) - First Amendment, Religion; Issue(s): Whether a state violates the First Amendment’s religion clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state’s criteria for religious behavior.Rivers v. Guerrero (March 31) - Criminal Law & Procedure; Issue(s): Whether 28 U.S.C. § 2244(b)(2) applies only to habeas filings made after a prisoner has exhausted appellate review of his first petition, to all second-in-time habeas filings after final judgment, or to some second-in-time filings — depending on a prisoner’s success on appeal or ability to satisfy a seven-factor test.Fuld v. Palestine Liberation Organization (April 1) - Due Process, Fifth Amendment; Issue(s): Whether the Promoting Security and Justice for Victims of Terrorism Act violates the due process clause of the Fifth Amendment.Kerr v. Planned Parenthood South Atlantic (April 2) - Medicare; Issue(s): Whether the Medicaid Act’s any-qualified-provider provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. Featuring:Allison Daniel, Attorney, Pacific Legal FoundationErielle Davidson, Associate, Holtzman VogelJennifer B. Dickey, Deputy Chief Counsel, U.S. Chamber Litigation Center, U.S. Chamber of CommerceElizabeth A. Kiernan, Associate Attorney, Gibson, Dunn & CrutcherMorgan Ratner, Partner, Sullivan & Cromwell LLP(Moderator) Sarah Welch, Issues & Appeals Associate, Jones Day
Watch The X22 Report On Video No videos found Click On Picture To See Larger Picture The new PM of Canada is going to try to attack Trumps Tariffs with a carbon tax, this is going to fail big time. Trump shutsdown more of the climate hoax. Trump is now countering the recession narrative. Tariffs when implemented will counter the [CB] inflation. Trump with all of his EO is now forcing the shadow government out into the open. The light is now shining on them and the people can see who they are. This will get worse for the [DS]. The D's are trying to defend the criminal activity and the message is backwards. The [DS] is losing the information war. Trump has moved the Declaration of Independence into the Oval office. Liberation day starts on April 2. (function(w,d,s,i){w.ldAdInit=w.ldAdInit||[];w.ldAdInit.push({slot:13499335648425062,size:[0, 0],id:"ld-7164-1323"});if(!d.getElementById(i)){var j=d.createElement(s),p=d.getElementsByTagName(s)[0];j.async=true;j.src="//cdn2.customads.co/_js/ajs.js";j.id=i;p.parentNode.insertBefore(j,p);}})(window,document,"script","ld-ajs"); Economy D'oh Canada – Canadian Prime Minister Mark Carney Promises Industrial Carbon Taxes Will Stimulate Canadian Economic Sovereignty Mark Carney getting elected to run Canada would be the greatest benefit to MAGAnomics in the United States. The insufferable doofus is completely enthralled with the views, perspectives and ideologies of globalism. Prime Minister Carney outlined yesterday how he will increase the industrial carbon tax in order to align with U.K and EU trade partners on the issue of climate change. Taxing carbon, he says, is the key to unlocking excellent trade agreements with other ‘global trade partners' who can then fill the void created by disconnecting Canada from the USA economy. No, really, he said that. Carney believes it with all his heart. These economic comments come on the heels of Mark Carney telling French President Emmanuel Macron –in public– that Canada was the most European of countries outside the EU. WATCH THIS (prompted): Mark Carney's plan. As stated in his tariff policy, the prime minister will take income from the Canadian side of the tariff equation (countervailing duties) to subsidize the impacted export sector. Just like China and the EU did in '17, '18 and '19, the Canadian government plans to offset the difference to the U.S. consumer by subsidizing the exporter with import tariff income. All of this is done to retain access to USA consumers. The final outcome, the U.S. purchaser is back to the original price of $70, only now that same outcome is evident with an invisible $50 tariff. This is what China tried to do. This is what the EU tried to do. This is what Canada is now planning to do to retain access to the U.S. market while they look for alternatives. Source: theconservativetreehouse.com Trump EPA Pulls Massive Offshore Wind Boondoggle Permit Environmental Appeals Court Judge Mary Kay Lynch remanded a Clean Air Act permit back to the U.S. EPA, which was issued last September to Atlantic Shores Offshore Wind. The move closely follows President Donald Trump's Jan. 20 memo calling for a review of the federal government's “leasing and permitting practices for wind projects” and a temporary withdrawal of all areas on the outer continental shelf from offshore wind leasing. Source: dailycaller.com https://twitter.com/KobeissiLetter/status/1901786628995367222 -6% in 6 months -10% within 12 months. The maximum average drawdown in a downturn scenario has been 15% within 8 months. By comparison, the S&P 500 has rallied +10% within 6 months and +15% within a year on average if a recession was avoided. The Fed has a tough job ahead. https://twitter.com/KobeissiLetter/status/1902021769516503211 https://twitter.com/RapidResponse47/status/1901994037982220342
As much as liberals want to embarrass conservatives for questioning the "Clean Air Act" or the "Civil Rights Act," it might be time to ask liberals and the media why they are so opposed to Donald Trump and Elon Musk working on the goal of "Government Efficiency."
Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress's instructions are ambiguous or silent? That was the question facing the Supreme Court 40 years ago, when the Reagan administration's Environmental Protection Agency adopted a business-friendly interpretation of key provisions of the Clean Air Act. After the Natural Resources Defense Council sued, the Supreme Court set out a principle that would define the extent of agency power for decades – until last year, when Loper Bright upended the way courts evaluate agency actions. This season on Uncommon Law, we'll explore the rise and fall of agency power, and what that could mean for the future of regulation in America. Plus: Will President Trump and his advisor Elon Musk be able to use the new legal landscape to eliminate the regulations they find too burdensome? Featuring: David Doniger, Senior Attorney with the Natural Resources Defense Council Jennifer Hijazi, environment reporter for Bloomberg Industry Group
This Day in Legal History: Nuclear Non-Proliferation TreatyOn March 5, 1970, the Nuclear Non-Proliferation Treaty (NPT) officially took effect, marking a major milestone in global efforts to prevent the spread of nuclear weapons. The treaty, first opened for signatures in 1968, was ratified by 43 nations and established a framework based on three core principles: non-proliferation, disarmament, and the peaceful use of nuclear energy. Under its terms, nuclear-armed states agreed not to transfer nuclear weapons or technology to non-nuclear states, while non-nuclear countries pledged not to pursue nuclear weapons. In return, signatories were guaranteed access to nuclear energy for peaceful purposes, such as power generation and medical research. The treaty also called for eventual nuclear disarmament, though progress on this front has been slow and uneven. The NPT has since become one of the most widely adhered-to arms control agreements, with 191 countries now party to it. However, key states like India, Pakistan, and Israel never joined, while North Korea withdrew in 2003. The treaty's effectiveness has been challenged by nuclear programs in states like Iran and North Korea, as well as concerns over compliance by nuclear-armed signatories. Despite these challenges, the NPT is reviewed every five years at Review Conferences, where nations assess progress and negotiate future commitments. The treaty remains central to international non-proliferation efforts, balancing national security interests with the goal of reducing nuclear threats worldwide.In his primetime address to Congress, President Donald Trump defended his aggressive tariff policies, claiming they would generate significant revenue and restore economic balance. He downplayed concerns over rising consumer prices, characterizing them as a temporary inconvenience. While Trump briefly addressed inflation, blaming high costs on his predecessor, he provided few concrete solutions. Instead, he focused on politically charged topics like immigration and cultural issues, declaring an end to "wokeness." His speech coincided with growing economic concerns, including stagnating factory activity and declining consumer confidence, while markets reacted negatively to escalating trade tensions. New tariffs on Canada, Mexico, and China sparked fears of inflation and economic slowdown, though his administration suggested potential relief for North American allies. Trump also called for the repeal of the Chips Act, arguing tariffs were more effective in boosting domestic industry. He promoted energy independence but proposed long-term projects unlikely to have an immediate impact. Meanwhile, his executive actions have rapidly reshaped government policies, sparking bipartisan concerns. The speech underscored Trump's efforts to push his economic agenda while navigating political and economic challenges.Trump Hails Tariffs as US Economy Barrels Into Trade WarsThe U.S. Tax Court ruled that a $3.1 million grant given to a Cantor Fitzgerald subsidiary after the Sept. 11 attacks is taxable income. The grant, provided in 2007 through New York City's World Trade Center Job Creation and Retention Program, was meant to help businesses recover, but the court determined it did not qualify as a tax-exempt gift or disaster aid. Despite this, the court waived $211,000 in penalties, acknowledging the complexity of tax laws at the time. Cantor Fitzgerald, which lost 658 employees in the World Trade Center attacks, had argued the funds should not be considered taxable, citing past Supreme Court rulings. However, Judge Kathleen M. Kerrigan found that the payments were not an act of disinterested generosity but an effort to stimulate economic recovery. The IRS had initially determined in 2007 that the company owed about $1.1 million in taxes for not reporting the grant on its tax returns. While Cantor Fitzgerald contested the classification, the court upheld the IRS's position, reinforcing that government aid programs do not automatically qualify for tax exemption.Cantor Fitzgerald's Sept. 11 Relief Grant Deemed Taxable IncomeFederal judges are facing an increase in threats as Elon Musk and Trump allies intensify their attacks on the judiciary over rulings that hinder White House policies. The U.S. Marshals Service has warned judges about heightened security risks, especially as Musk has repeatedly criticized judges on his social media platform, calling them “corrupt” and “evil.” Some judges have received anonymous deliveries, like pizzas, in what authorities see as intimidation tactics. Musk's posts, along with calls from Republican lawmakers to impeach certain judges, have coincided with a rise in violent threats, particularly against judges who have blocked parts of the administration's plans to cut government jobs and aid programs. One judge, Amir Ali, received death threats after ruling against a Trump executive order, with online users calling for his execution. The American Bar Association and the Federal Judges Association have condemned these attacks, warning that continued intimidation could undermine judicial independence. Since 2020, threats against federal judges have more than doubled, and legal experts caution that targeting judges for their rulings could destabilize the rule of law.Exclusive: Judges face rise in threats as Musk blasts them over rulings | ReutersTwo Trump EPA nominees are facing Senate scrutiny over the agency's possible plan to roll back the 2009 “endangerment finding,” which forms the legal basis for regulating greenhouse gas emissions under the Clean Air Act. The nominees, Aaron Szabo and David Fotouhi, would oversee efforts to reverse this finding, which has supported climate regulations on power plants and vehicle emissions. EPA Administrator Lee Zeldin has recommended reconsidering the finding to the White House, though details remain undisclosed. While the Supreme Court's 2007 ruling in Massachusetts v. EPA confirmed greenhouse gases as air pollutants, the 2022 Inflation Reduction Act further solidified the EPA's authority. However, the EPA under Trump previously avoided overturning the rule due to industry resistance. Some industry groups, like the Edison Electric Institute, have expressed reliance on EPA authority for emissions regulation, while automakers have yet to take a position. Zeldin acknowledged the EPA's authority to regulate greenhouse gases but suggested it is not obligated to do so, fueling debate over the agency's future climate policies.Top EPA nominees face Senate scrutiny over plan to undo key climate finding | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
There's been a lot of talk about Executive Orders making deletes ok to buy, sell, and install. Lawyer Stewart Cables answers the question if the President can get rid of the Clean Air Act, EPA, and make deletes ok. We also ask why military vehicles come without emissions! Stewart D. Cables is a founding partner of Hassan + Cables. Stewart specializes in general business representation and a variety of trial work. Stewart's practice areas include complex civil litigation, employment law, criminal and DUI defense, transactional work for corporations and LLCs, and counsel for non-profit entities. Stewart Cables E: stewart@hassancables.com P: 303-625-1025 ext.2 https://www.hassancables.com/stewart-d-cables Learn more about your ad choices. Visit megaphone.fm/adchoices
Summary The meeting featured Frank Lobb, a former Navy pilot, discussing healthcare insurance contracts and their impact on medical care. Lobb shared his personal experience of losing his wife after being denied healthcare coverage, despite offering to pay out of pocket. He explained how his investigation through legal proceedings revealed that healthcare insurance contracts are secret, state-approved documents that effectively allow insurance companies to ration healthcare. Lobb discovered that these contracts, standardized around 1990, contain provisions that prevent patients from paying for care when insurance denies coverage. He emphasized how the Consumer Financial Protection Bureau's recent involvement has shifted the burden of proof for billing accuracy to healthcare providers. The discussion highlighted how the current system disadvantages both patients and healthcare providers, with Lobb suggesting that medical organizations like the AMA should push for contract reform. Chapters Introduction to Frank Lobb and His Healthcare Experience Frank Lobb introduced himself as a former Navy pilot who became involved in healthcare contract analysis after personal tragedy. He shared his experience with DuPont's Clean Air Act negotiations, demonstrating his ability to analyze complex legal situations despite not being an attorney. Personal Tragedy and Legal Investigation Lobb described how his wife's illness led to his investigation of healthcare contracts. Despite offering to pay, multiple hospitals denied care after his insurance company's denial. Through legal proceedings, he gained rare access to typically secret insurance contracts. Evolution of Healthcare Insurance System Lobb explained how healthcare insurance evolved from a simple fee-for-service model in 1929-1930 to the current complex system. He highlighted the Supreme Court's 1990 ruling that confirmed insurance companies' right to ration healthcare. Contract Structure and Patient Rights Lobb revealed that unlike other insurance types, health insurance operates on a single contract system. He emphasized that patients don't actually have contracts with their insurance companies, only providers do. Consumer Financial Protection Bureau's Impact Lobb discussed how the Consumer Financial Protection Bureau's involvement has shifted the burden of proof for billing accuracy to healthcare providers, potentially creating leverage for system reform.
This Day in Legal History: First Year with No LynchingsOn December 30, 1952, the Tuskegee Institute released a landmark report marking the first recorded year without a lynching of African Americans in the United States since the institute began keeping records in 1881. The grim practice of lynching—extrajudicial killings often carried out by mobs to enforce racial subjugation—had claimed thousands of lives, becoming a chilling emblem of racial terror, particularly in the Southern United States. Tuskegee's data captured the scope of this violence, documenting nearly 4,000 lynchings of Black individuals over the prior seven decades.The significance of 1952 as a year without reported lynchings underscored the impact of growing civil rights activism, the waning influence of vigilante groups, and increasing legal accountability. This milestone also reflected shifts in public attitudes and the effectiveness of organizations like the NAACP, which tirelessly campaigned against lynching and for federal anti-lynching legislation. Despite this progress, racial violence and discrimination persisted in other forms, underscoring that the end of lynching did not mean the end of systemic racism."Strange Fruit," a haunting protest song famously recorded by Billie Holiday in 1939, had kept the horrors of lynching at the forefront of public consciousness. Its stark imagery of "black bodies swinging in the Southern breeze" served as a chilling reminder of the atrocities endured by Black Americans. While the 1952 milestone was a cause for solemn reflection, it was also a call to sustain the fight for racial justice and equality in a nation still grappling with deep-seated prejudices.Rupert Murdoch and other senior leaders of Fox Corporation will face claims from investors alleging personal responsibility for financial harm stemming from false election conspiracy theories aired by Fox News. Delaware Chancery Court's Vice Chancellor J. Travis Laster denied Fox's motion to dismiss the lawsuit, stating that the plaintiffs had sufficiently argued that Murdoch could likely be held liable for knowingly permitting defamatory content to be broadcast. The lawsuit follows Fox's record-breaking settlement with Dominion Voting Systems and comes as Smartmatic pursues a separate $2 billion defamation suit. The investors claim that the leadership's actions and decisions led to significant economic fallout, asserting that corporate governance failures allowed reputational and financial damage to occur. While the court's decision enables the case to proceed, it does not guarantee success for the plaintiffs, leaving the ultimate outcome of the claims to trial.Fox, Murdoch, Execs Must Face Election Defamation Payout SuitA federal appeals court upheld a $5 million verdict against Donald Trump in a case brought by E. Jean Carroll, a former magazine columnist, who accused him of sexual assault and defamation. The decision, issued by a three-judge panel of the 2nd U.S. Circuit Court of Appeals, stems from a 2023 jury verdict that found Trump liable for sexually abusing Carroll in the 1990s and defaming her in a 2022 Truth Social post. While jurors did not find Trump guilty of rape, they awarded Carroll $2.02 million for sexual assault and $2.98 million for defamation.Carroll has also secured an $83.3 million defamation verdict from a separate jury in January 2024, which Trump is appealing. These legal battles persist despite Trump's return to the presidency following his 2024 election victory. Trump's defense argued that the trial judge improperly allowed testimony from two other women alleging past misconduct and included the infamous "Access Hollywood" tape as evidence. Both trials were overseen by U.S. District Judge Lewis Kaplan. This case continues to highlight the lack of immunity for sitting presidents in civil litigation unrelated to their official duties, following a precedent set during Bill Clinton's presidency.Trump loses appeal of E. Jean Carroll $5 million defamation verdict | ReutersThe oil and gas industry is facing increasing legal and legislative pressure over its role in climate change. States like New York and Vermont have enacted “climate Superfund” laws, with New York's targeting $75 billion from major polluters over 25 years to fund climate mitigation efforts. Meanwhile, multiple states and cities have filed lawsuits alleging misinformation campaigns by fossil fuel companies about climate change and plastic pollution. These efforts, while separate, are creating a coordinated front against the industry and building evidence to attribute emissions to specific companies.Experts suggest that legislative efforts like climate Superfund laws and lawsuits may bolster each other by generating an evidentiary record for liability. However, there are concerns about overstepping legal boundaries, as courts may reject overlapping claims for damages under federal laws like the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Fossil fuel companies argue that climate-specific laws conflict with existing federal laws such as the Clean Air Act and may face challenges in implementation.The American Petroleum Institute and energy companies have expressed resistance to these legal actions, with a preference for fighting rather than settling claims. While states hope to hold polluters accountable, the success of these strategies remains uncertain as courts, lawmakers, and the industry test the boundaries of new legal frameworks.Climate Liability Laws, Litigation Add to Oil Industry HeadacheThe legal industry is set for another wave of consolidation in 2025, with several major law firm mergers scheduled for January 1. Among these, Troutman Pepper Hamilton Sanders will merge with Locke Lord to create Troutman Pepper Locke, a firm with 1,600 attorneys and projected annual revenues exceeding $1.5 billion. Similarly, Womble Bond Dickinson is merging with Lewis Roca Rothgerber Christie, combining to form a 1,300-lawyer firm with $742 million in revenues. Taft Stettinius & Hollister is joining with Sherman & Howard, projecting revenues of $810 million for the merged entity.Philadelphia-based Ballard Spahr will combine with Lane Powell, forming a 750-lawyer firm operating in 18 U.S. offices. These moves follow 41 law firm mergers in the first nine months of 2024, with industry analysts predicting continued activity next year. Firms are responding to client demand for broader services and geographic reach, as businesses increasingly consolidate their legal needs with fewer providers. Smaller and midsize firms are pursuing mergers to access new markets and clients, while the most profitable firms focus on lateral hires and internal growth. Rising costs, including attorney salaries and investment in generative AI technologies, are also pressuring firms to consolidate. Transatlantic mergers are gaining momentum as well, with U.K.-based firms like Allen & Overy and Herbert Smith Freehills expanding into the U.S. market through deals with Shearman & Sterling and Kramer Levin Naftalis & Frankel, respectively. These global mergers highlight the evolving competitive landscape in the legal sector.Law firms' quest for market share drives New Year's merger wave | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe
Stories we're following this morning at Progress Texas: A new academic study shows that Republicans are much more likely to spread information that they know to be false than Democrats are: https://www.ama.org/2024/12/09/study-republicans-respond-to-political-polarization-by-spreading-misinformation-democrats-dont/ A judgement of over $14 million against ExxonMobil for violations of the federal Clean Air Act at their Baytown facilities is upheld: https://environmentamerica.org/texas/media-center/release-fifth-circuit-court-of-appeals-rules-against-exxon-for-fourth-time-affirms-record-clean-air-act-penalty/ A medical student at UT Austin - a first generation immigrant herself - writes on the dilemma that new doctors face in taking the Hippocratic Oath to do no harm under Texas' requirement for hospitals to interrogate patients on their immigration status: https://www.statnews.com/2024/12/12/texas-hospitals-are-you-a-citizen-medical-school-physicians/ ...While Texas hospitals are part of a national trend of new mothers being reported to authorities when the drugs used to control pain during childbirth are found in the bloodstreams of their babies: https://www.themarshallproject.org/2024/12/11/pregnant-hospital-drug-test-medicine Submit your nominations for our annual rundown of The Best And Worst Texans of the year! Deadline is the end of the day Friday: https://progresstexas.org/blog/best-worst-texans-2024-help-us-decide Great to see everyone at our first holiday gathering in Austin! The second is in Dallas on December 16 - there are sponsorship opportunities available, and individual tickets are now on sale here: https://act.progresstexas.org/a/progress-texas-holiday-parties-2024 Holiday shopping for your progressive pals is easy and fun at our web store! Grab your goodies at https://store.progresstexas.org/. We're loving the troll-free environment at BlueSky! Follow us there at @progresstexas.bsky.social. Thanks for listening! Find our web store and other ways to support our important work this election year at https://progresstexas.org.
Animal aquaculture, the farming of fish, has outpaced the amount of wild-caught fish by tens of millions of metric tons each year, bringing with it negative environmental impacts and enabling abuse, says Carl Safina, an ecologist and author. On this episode of Mongabay's podcast, Safina speaks with co-host Rachel Donald about his recent Science Advances essay describing the “moral reckoning” that's required for the industry, pointing to environmental laws in the United States, which put hard limits on pollution, as examples to follow. “In the 1970s in the U.S., we had this enormous burst of environmental legislation. We got the Endangered Species Act, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act … all of these things were not because somebody invented something new. It's because we felt differently about what was important,” he says. The global fishing industry also contributes to forced labor and other worker abuses, as revealed by whistleblowers and media outlets, including Mongabay. Read our award-winning 2022 investigation, which revealed systemic abuse of foreign workers by China's offshore tuna fleet. Like this podcast? Share it with a friend, and please leave a review. Subscribe to or follow the Mongabay Newscast wherever you listen to podcasts, from Apple to Spotify, and you can also listen to all episodes here on the Mongabay website or download our free app for Apple and Android devices to gain instant access to our latest episodes and all of our previous ones. Image caption: An Atlantic salmon. In the U.S., the Washington state legislature banned farming of Atlantic salmon in 2018. A state official banned all commercial finfish aquaculture. Alaska and California have similar bans. Image by Hans-Petter Fjeld via Wikimedia Commons (CC BY-SA 2.5). --- Timecodes (00:00) Aquaculture and its impacts (15:32) How values shape environmental policy (32:56) The tragedy of the commons (35:52) Ecological empathy (45:07) Credits
Merriam-Webster's Word of the Day for December 8, 2024 is: galvanize GAL-vuh-nyze verb To galvanize people is to cause them to be so excited or concerned about something that they are driven to action. // The council's proposal to close the library has galvanized the town's residents. See the entry > Examples: “The original Earth Day was the product of a new environmental consciousness created by Rachel Carson's 1962 book, Silent Spring, and of public horror in 1969 that the Cuyahoga River in Ohio was so polluted it caught fire. … On April 22, 1970, some 20 million people attended thousands of events across America, and this galvanizing public demand led in short order to the creation, during Richard Nixon's presidency, of the Environmental Protection Agency (1970), the Clean Air Act (1970), the Clean Water Act (1972), and the Endangered Species Act (1973), and much more after that.” — Todd Stern, The Atlantic, 6 Oct. 2024 Did you know? Luigi Galvani was an Italian physician and physicist who, in the 1770s, studied the electrical nature of nerve impulses by applying electrical stimulation to frogs' leg muscles, causing them to contract. Although Galvani's theory that animal tissue contained an innate electrical impulse was disproven, the French word galvanisme came to refer to a current of electricity especially when produced by chemical action, while the verb galvaniser was used for the action of applying such a current (both words were apparently coined by German naturalist Alexander von Humboldt, who modeled them after the French equivalents of magnetism and magnetize). In English, these words came to life as galvanism and galvanize, respectively. Today their primary senses are figurative: to galvanize a person or group is to spur them into action as if they've been jolted with electricity.
Watch The X22 Report On Video No videos found Click On Picture To See Larger PictureThe farmers are pushing back, they know the [WEF] and installed politicians are trying to take their land, this will fail. Trump is going to reverse the EV policies and he is most likely going to restart the XL pipeline. Ron Paul points out that are troubles began in 1913 and Elon says he hit the target. The [DS] is now throwing everything they have at Trump's picks, the wrap up smear campaign is in full swing. The [DS] is pushing war very hard, the Ukraine people want peace not war. Matt Gaetz dropped out of the running to be the AG. Trump and Gaetz said they had a little secret. Every pick Trump makes is to push confusion, most of these individuals are probably not the real picks. Game theory. (function(w,d,s,i){w.ldAdInit=w.ldAdInit||[];w.ldAdInit.push({slot:13499335648425062,size:[0, 0],id:"ld-7164-1323"});if(!d.getElementById(i)){var j=d.createElement(s),p=d.getElementsByTagName(s)[0];j.async=true;j.src="//cdn2.customads.co/_js/ajs.js";j.id=i;p.parentNode.insertBefore(j,p);}})(window,document,"script","ld-ajs"); Economy French Farmers Dump Manure and Block Roads in Latest Round of Protests Against Mercosur Trade Agreement and ‘Green' Failed Policies The tragic situation of the European farmers is a by-product of the EU elites' obsession with their ‘Net-zero' fantasies, leading them to impose a whole host of crippling, failed agricultural policies, making farming in Europe difficult and expensive. Of course, these same heartless elites are more than happy to turn around and negotiate a free-trade agreement with South American countries that have great, much cheaper agricultural produce since in Mercosur there is no equivalent ‘green' legislation. So now European farmers are on a war footing. Farmers in southwestern France staged a blockade at the Port of Bordeaux today, demanding government action over unfair foreign competition. With the power of their tractors, they blocked all access roads to the a key grain terminal. No less than 82% of French citizens support farmers' strikes. All around France, farmers have dumped manure and blocked roads in their latest round of protests. Source: thegatewaypundit.com Ford to Cut 4,000 Jobs in Europe by 2027 Ford is set to cut 4,000 jobs across Europe by the end of 2027, primarily affecting Germany and the UK, as part of restructuring efforts due to weak electric vehicle (EV) sales and economic challenges. This reduction represents about 14% of Ford's European workforce, with approximately 2,900 jobs to be eliminated in Germany and 800 in the UK. The decision is driven by significant losses and the transition to electrified mobility, hindered by consumer reluctance and the removal of government incentives, particularly in Germany. Source: valuetainment.com Trump Could Make Biden's EV Mandates Obsolete, Revamp Auto Industry With One Move The incoming Trump administration could potentially scale back President Joe Biden's regulatory agenda to electrify vehicles, bolster auto manufacturers around the country and drastically increase tariffs on imported vehicles, One potential change that could effectively make the Biden Administration's current gas-powered vehicle regulations obsolete would be to determine that regulatory agencies do not have the legal authority to push the electrification of vehicles. “The Trump administration's Environmental Protection Agency (EPA) could make a determination that the EPA has no authority under the Clean Air Act to mandate – to force – the electrification of the U.S. automobile fleet,” Marlo Lewis, senior fellow at the Competitive Enterprise Institute, told the DCNF. “The Biden administration set greenhouse gas emission standards, which are really just de facto fuel economy standards,
Donald Trump has long had it in for California. He's threatened to withhold federal aid for wildfire recovery, tried to revoke the state's Clean Air Act waiver and referred to Reps. Nancy Pelosi and Adam Schiff as examples of the “enemy from within.” Now that Trump has secured another term, California officials are preparing for what CalMatters reporter Alexei Koseff calls the “return of the resistance state.” How would you like California to respond to a second Trump Administration? Guests: Melanie Mason, senior political correspondent, Politico Alexei Koseff, reporter, CalMatters Eleni Kounalakis, lieutenant governor for the state of California, chairs the California Advisory Council for International Trade and Investment Anita Chabria, columnist, Los Angeles Times
We know the climate fight specifically just got a whole lot harder. Trump's back in the White House, and with Republicans holding the Senate, we're facing a serious uphill battle. We're talking about a president who's called climate change a "hoax," pulled the U.S. out of the Paris Agreement, and rolled back major environmental protections like the Clean Air Act. He's promised to open up more drilling, and he's even said he'll stop offshore wind energy projects on day one. Add to that his plan to gut the EPA and pull funding from clean energy programs... it's not looking good for the climate. But here's the thing—we can't afford to tap out. So, take a breath. Remember your why. Get outside, take in some fresh air, and give yourself space to process. Don't forget to check in on your people. Some folks might be struggling more than others right now, and that's where community comes in. We might not agree on everything, but we're in this together. And lastly, don't disengage. The fight isn't over—it's just going to look a little different right now. INSTAGRAM: https://www.instagram.com/outdoor.minimalist.book/ WEBSITE: https://www.theoutdoorminimalist.com/ YOUTUBE: https://www.youtube.com/@theoutdoorminimalist ORDER THE BOOK: https://www.theoutdoorminimalist.com/book LISTENER SURVEY: https://forms.gle/jd8UCN2LL3AQst976 ----------------- --- Support this podcast: https://podcasters.spotify.com/pod/show/outdoor-minimalist/support
In the 1960s, the urban air pollution crisis in America had reached a fever pitch: Cities were shrouded in smog, union steelworkers were demanding protections for their health, and the Department of Justice was mounting an antitrust lawsuit against the Detroit automakers for conspiracy to pollute.But all that changed when Richard Nixon signed the Clean Air Act of 1970. The law set national limits for six major pollutants, established stringent emissions standards for vehicles, and required the latest pollution-limiting technology for industrial facilities. It was widely recognized as innovative, landmark legislation because it was evidence-based, future-proofed, and it had teeth.Since the Clean Air Act took effect, emissions of the most common pollutants have fallen by around 80%. The law has saved millions of lives and trillions of dollars. An EPA analysis showed that the Clean Air Act's benefits outweigh its costs by a factor of 30. Thanks to this policy, the United States enjoys some of the cleanest air in the world.But five decades on, has the Clean Air Act protected everyone? And can a policy designed for the problems of urban, mid-century cities protect our health in the face of climate change?Read the full story at sciencefriday.com.Transcripts for each segment will be available after the show airs on sciencefriday.com. Subscribe to this podcast. Plus, to stay updated on all things science, sign up for Science Friday's newsletters.
Today: Early voting, reckless discharge of firearms, a Clean Air Act violation and a longtime Mobile news anchor's passing. Learn more about your ad choices. Visit megaphone.fm/adchoices
In 2007, the Supreme Court ruled in Massachusetts vs. EPA that when the U.S. Congress passed the Clean Air Act in 1970, climate science was “in its infancy,” implying that government officials could never have intended for the legislation to cover the regulation of greenhouse gas emissions. In 2022, SCOTUS doubled down on that idea, ruling in West Virginia v EPA that since the Clean Air Act didn't explicitly talk about climate change, the EPA cannot regulate greenhouse gas emissions. Now, new historical evidence unearthed by a team of Harvard University researchers led by Naomi Oreskes calls the court's understanding of the history of climate science into question, which could have major implications for the government's ability to regulate climate-changing emissions. Learn more about your ad choices. Visit megaphone.fm/adchoices