Guest Post

  • September 30, 2016
    Guest Post

    by Danielle Lang, Deputy Director of Voting Rights and Anna Bodi, Partner Legal Fellow at The Campaign Legal Center

    Larry Joe Newby is a U.S. citizen living in Huntsville, Alabama. Mr. Newby is married, attends church, is raising his two adopted grandsons and works for the County as an assistant supervisor. However, due to a few minor non-violent offenses from well over a decade ago, Mr. Newby has not been able to vote and will not be able to cast a ballot this November. Mr. Newby is just one of the 5.85 million citizens whose voices have been silenced by felony disenfranchisement laws across the United States. 75 percent of these disenfranchised voters are no longer in prison, but are still unable to vote.

    Unwilling to accept the denial of his fundamental right to vote, Mr. Newby is a named plaintiff in a new lawsuit filed by the Campaign Legal Center, alongside a team of pro bono and civil rights litigators, that could finally turn the page on a dark history of discriminatory felon disenfranchisement in Alabama and nationwide.

    Alabama’s Strict and Discriminatory Felon Disenfranchisement Regime

    Alabama has one of the most severe and discriminatory felon disenfranchisement laws in the nation: it is one of only 12 states that permanently disenfranchise some or all citizens convicted of felony offenses and, as a result, disenfranchises 7% of its total voting age population and 15% of its black voting age population.

  • September 30, 2016
    Guest Post

    In February, the Supreme Court of the United States stayed implementation of the Clean Power Plan, which provides the EPA with its best chance to cut future greenhouse gas emissions. On Tuesday, Sept. 27, the United State Court of Appeals for the District of Columbia Circuit will hear oral arguments in a consolidated case, known as West Virginia, et. al. v. EPA. This case will determine whether it is within the EPA’s power to regulate air quality by setting strict standards for carbon emission. ACS invited experts to explore the issues that will be presented before the Court.

    by David Doniger, Program Director and Senior Attorney, Ben Longstreth, Senior Attorney, and Lissa Lynch, Climate Litigation Fellow, at the Natural Resources Defense Council’s Climate & Clean Air Progam

    At last, the Clean Power Plan has had its day in court. On Sept. 27, 10 judges on the U.S. Court of Appeals for the District of Columbia Circuit heard nearly seven hours of oral argument – twice the scheduled time – in the case challenging EPA’s first-ever limits on carbon pollution from the nation’s 1,000 coal- and gas-fired power plants. Attorneys representing the Environmental Protection Agency, supportive power companies, states and environmental organizations robustly defended the reasonableness of the Clean Power Plan and its firm grounding in the Clean Air Act.

    Throughout the full day of active questioning, the well-prepared judges dug deeply into the challengers’ legal arguments and EPA’s supporting record. It is always unwise to predict the outcome of a case based on oral argument alone or to guess which way a particular judge will decide based on particular questions asked. But the oral argument shows that the court had a strong grasp of critical issues in the case and we are optimistic about the outcome. 

    For years, the Clean Power Plan’s foes have fought to block every effort to limit carbon pollution. The Supreme Court, however, has repeatedly held that EPA has the duty to curb climate-damaging pollutants under the Clean Air Act. The challengers have shifted their positions after each case, arguing that whatever EPA proposes, carbon pollution can be regulated only in some other way under some other provision or not at all. The judges seemed wise to this shell game during the argument.

  • September 28, 2016
    Guest Post

    In February, the Supreme Court of the United States stayed implementation of the Clean Power Plan, which provides the EPA with its best chance to cut future greenhouse gas emissions. On Tuesday, Sept. 27, the United State Court of Appeals for the District of Columbia Circuit will hear oral arguments in a consolidated case, known as West Virginia, et. al. v. EPA. This case will determine whether it is within the EPA’s power to regulate air quality by setting strict standards for carbon emission. ACS invited experts to explore the issues that will be presented before the Court.

    by David Arkush, Director, Congress Watch, Public Citizen

    We are often told that environmental concerns are akin to luxury goods that we cannot afford. Protecting the environment has a cost, the story goes and we will pay it in higher prices. Opponents of the EPA Clean Power Plan have made this type of claim, in some of its more extreme incarnations, central to their legal challenge in West Virginia v. EPA.

    According to a group of local chambers of commerce and manufacturing associations, the Clean Power Plan will cause “economic disaster”—largely due to higher electricity prices—in which “thousands of businesses” will “lay off workers or close their doors entirely.” Local Bus. Br. 23–24. In the words of the 60Plus Association, a Koch-Brothers-affiliated group that purports to represent seniors, the rule will cause people on fixed and low incomes to “suffer greatly” from “grinding, day-to-day deprivations.” Id. at 12–13. I will turn back to these arguments in a moment. But first, it is worth raising something important that the challengers and their amici completely ignore: the harms of climate change.

    Climate change is already damaging American consumers and businesses and it threatens massive future harm. By spurring more extreme weather events, climate change will cause trillions of dollars’ worth of damage to property and infrastructure. A 2014 analysis projects $525 billion in damage to coastal property alone, in just the next 15 years. The damage from extreme weather will, in turn, force businesses to raise prices and governments to raise taxes. Drought, floods and other weather events will raise the price of basic needs like food and water while lowering their quality. In addition to being poorer, we will be less healthy, burdened by more heat-related and food-, water- and insect-borne illnesses.

  • September 27, 2016
    Guest Post

    In February, the Supreme Court of the United States stayed implementation of the Clean Power Plan, which provides the EPA with its best chance to cut future greenhouse gas emissions. On Tuesday, Sept. 27, the United State Court of Appeals for the District of Columbia Circuit will hear oral arguments in a consolidated case, known as West Virginia, et. al. v. EPA. This case will determine whether it is within the EPA’s power to regulate air quality by setting strict standards for carbon emission. ACS invited experts to explore the issues that will be presented before the Court.

    by Michael Burger, Executive Director of the Sabin Center for Climate Change Law; Research Scholar and Lecturer-in-Law at Columbia Law School and Justin Gundlach, Climate Law Fellow at the Sabin Senter for Climate Change Law

    Anthropogenic climate change is causing material harm to American communities and the Supreme Court has foreclosed all but one legal basis for federal regulatory action to address the greenhouse gas (GHG) emissions at its root. According to the Court’s decision in in AEP v. Connecticut, the Clean Air Act, which directs the Environmental Protection Agency to prevent air pollution from endangering public health or welfare, “displaces” common law remedies. EPA’s instructions under the Act as the Court has read it are, therefore, to address GHGs and to use the Clean Air Act to do so. To apply the Act’s requirements to existing power plants, the nation’s largest source of GHGs, EPA must interpret what is the “best system of emissions reduction” for that source category—for that is the key language in Clean Air Act section 111(d), which governs “standards of performance for existing sources.” EPA’s interpretation is embodied in the Clean Power Plan.

    We wrote an amicus brief on behalf of the U.S. Conference of Mayors, the National League of Cities and over 50 individual municipal governments to convey three key points to the court about climate change and the Clean Power Plan: one factual, one legal and one focused on what the court’s decision would mean for U.S. cities.

  • September 26, 2016
    Guest Post

    In February, the Supreme Court of the United States stayed implementation of the Clean Power Plan, which provides the EPA with its best chance to cut future greenhouse gas emissions. On Tuesday, Sept. 27, the United State Court of Appeals for the District of Columbia Circuit will hear oral arguments in a consolidated case, known as West Virginia, et. al. v. EPA. This case will determine whether it is within the EPA’s power to regulate air quality by setting strict standards for carbon emission. ACS invited experts to explore the issues that will be presented before the Court.

    by Tomás Carbonell, Director of Regulatory Policy and Senior Attorney at the Environmental Defense Fund

    Oral argument on the Clean Power Plan — the nation’s first limits on emissions of harmful climate pollution from fossil fuel power plants — will take place in the U.S. Court of Appeals for the District of Columbia Circuit on September 27, 2016. As the court reviews the most significant step our country has taken to address the threat of climate change, the need for action to reduce climate-disrupting pollution has never been more urgent: Louisiana recently became the fifth state in the span of 12 months to suffer from a “1,000-year flood.” August 2016 marked the 16th consecutive month that set a global monthly high-temperature recorded. The Clean Power Plan, which will reduce carbon pollution from power plants to 32 percent below 2005 levels by 2030 and generate $54 billion per year in climate and health benefits, is essential to reduce these risks.

    During oral argument, the court will hear powerful legal arguments for upholding the Clean Power Plan. The rule is supported by a broad and diverse coalition that includes eighteen states and sixty municipalities across the country; power companies that own and operate more than ten percent of the nation’s generating capacity; leading businesses like Apple, Google, Mars and IKEA; public health and environmental organizations; consumer and ratepayer advocates; faith organizations; and many others. Numerous legal experts — including drafters of the Clean Air Act, former EPA Administrators who served under Presidents Nixon, Reagan and Bush and former state energy and environmental officials — have also affirmed the strong legal basis for the Clean Power Plan. These supporters understand that the Clean Power Plan is both a crucial step to address climate change and fully consistent with the law.