Explainer Episode 3 – EPA's New Clean Air Act Rules
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
In this episode, Jeff Holmstead and Megan Herzog discuss the recent rule change from the EPA on emissions standards. The Affordable Clean Energy plan replaces the Obama-era Clean Power Plan. The reduction in admissions standards has raised new questions: what does the Clean Air Act authorize EPA to regulate, how much discretion does EPA have in regulating emissions, which plan more closely fits the intent of the original law? These and other questions are taken up in this engaging discussion.
Featuring:
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Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Partner, Donahue & Goldberg LLP
Megan M. Herzog is a Massachusetts-based attorney whose practice is focused on environmental, natural resources, and energy litigation and administrative advocacy. She is a member of the bar of the Commonwealth of Massachusetts, and practices in state and federal appellate courts.
Megan is a 2011 graduate of Stanford Law School, where she was Co-Editor-in-Chief of the Journal of Law, Science & Policy. She also holds an M.S. in Environment and Resources from Stanford University. Megan began her legal career with fellowships at the Environmental Law Institute in Washington, D.C. and at UCLA Law School's Emmett Institute on Climate Change and the Environment, where she advised state and local governments on climate change mitigation and adaptation policy. From 2016 to 2018, she served as staff attorney at Conservation Law Foundation's Boston office, where she worked on clean energy, ocean, and fisheries matters, including litigation in federal courts and before state public utilities commissions. Megan then spent nearly five years in the Massachusetts Office of the Attorney General, Energy and Environment Bureau, advocating before federal agencies and litigating cases concerning state and federal air, climate, energy, and natural resources laws. She led state government coalitions in several actions in the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit, and before the Federal Energy Regulatory Commission.
Megan has published on a variety of environmental law topics, including climate change adaptation and federal regulation of greenhouse gas emissions. She has taught courses in environmental law, climate law, and ocean and coastal law at UCLA Law School and Tufts University. She has testified before legislative committees and given dozens of presentations on critical issues in environmental law, including for the American Law Institute, Energy Bar Association, California State Bar Association Environmental Law Section, and multiple law review symposia.