Six Things to Know about Rights of Nature
More than 500 Rights of Nature laws and policies have been passed globally. Here's how to make sense of this nascent movement — or movements.
This Fall, I have been co-teaching a course on Rights of Nature with the historian Jill Lepore. This is the first time either of us have taught the subject and it has proven a wonderful opportunity to explore with our students this emerging movement — one that some have praised as “A Legal Revolution That Could Save The World” and others decried as “A Wrong Turn” or worse. One thing is for sure — there is huge student interest in the topic. We had large w...
CONTINUE READINGNEPA and Loper Deference (Part II)
Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.
Dan provided a terrific overview of the legal issues involved in the D.C. Circuit’s recent decision holding that CEQ lacks authority to promulgate regulations and, therefore, that the regulations governing implementation of NEPA across the government for decades are ultra vires. I want to offer some additional observations focused on the potential practical implications. First, I agree with Dan’s assessment that regardless of whether the CEQ regulations bind other...
CONTINUE READINGYes, Virginia, There ARE Federal Climate Laws.
Contrary to myth, Congress has actually passed laws relating directly to climate change.
It’s a common misconception that Congress has never passed any climate change legislation. True, Congress hasn’t passed the comprehensive emission limits that many of us would like to see. But it has passed laws regulating two powerful greenhouse gases, and some other climate laws stretching back over the past five decades. The story begins under President Nixon and extends through the Biden years. These statutes will be difficult for Trump to repeal. I’ll dis...
CONTINUE READINGWhat’s at Stake in the ICJ Hearings
Representational sovereignty, Indigenous rights, and ecocide are all key to the climate obligations of states, write guest contributors Mollie Cueva-Dabkoski, Julia Phượng Nguyễn, and Molly-Mae Whitmey.
A new chapter of global climate accountability has hopefully begun, as the International Court of Justice (ICJ) prepares to issue an advisory opinion on the Obligations of States in respect of Climate Change. Hearings for that opinion began today with over 100 countries and other parties presenting over two weeks. At the request of the U.N. General Assembly, the ICJ will seek to determine the liability of countries for their contribution to the climate crisis and w...
CONTINUE READINGNew This Thanksgiving: Toxic Turkey
Losing the farm to PFAS, or losing PFAS on the farm?
As Americans gather to celebrate the harvest’s bounty, there are few revelations about our food supply more distressing than the 2024 news that sewage-derived fertilizer has contaminated millions of acres of U.S. cropland with toxic PFAS chemicals. Marketed as “biosolids” that enhance soil productivity, the voluminous outputs from wastewater treatment plants have poisoned productive lands from the Northeast to the Midwest to the South, rendering many farms’ meat,...
CONTINUE READINGOne Bright Spot to COP29 in Baku
The outcome of this year’s U.N. climate conference was depressing. But there was some notable news regarding global methane emissions commitments.
Some have described the United Nations Climate Change Conference (COP29) in Baku as “challenging,” “ineffective,” and “disappointing.” On the one hand, global greenhouse gas emissions have reached an all-time high, and the temperature for 2023 is the highest ever recorded. On the other hand, President-elect Donald Trump announced his intention to withdraw the U.S. from the Paris Agreement again. Meanwhile, President Javier Milei withdrew the entire Argent...
CONTINUE READINGWhat does the election mean for the EV transition?
Slower, less certain, and less equitable–with a new focus on local leadership
The election of Donald Trump and a Republican Congress poses a direct threat to environmental protection and climate policy across the board, including destructive agency heads, reduced clean energy funding, abandoned international agreements, and more federal judges openly hostile to science-based regulation in service of public and environmental health. It’s a bleak outlook from any angle. What does it mean for the electric vehicle transition? A quick refresh...
CONTINUE READINGEven in Dark Times, There are Still Reasons to be Thankful
The election was largely a disaster. But we’ve also seen some positive developments.
Trump’s triumphant return to power promises to be a disaster for environmental protection, casting a pall over all else. Even so, if you’re someone who cares about energy and environment, there are some things to be thankful for this year Here are a few. Falling prices of renewable energy. Solar photovoltaic costs have fallen by 90% in the last decade, onshore wind by 70%, and batteries by more than 90%. Clean energy investment. The International Energy A...
CONTINUE READINGCPUC Should Set a Date for Closing Aliso Canyon
A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.
The Aliso Canyon gas storage facility blowout in 2015-16 was the largest methane gas leak in the history of the United States. In addition to the climate effects from the methane leakage — 109,000 metric tons, the equivalent of burning over 1 billion gallons of gasoline — there were tremendous health impacts on neighboring communities and even throughout California. In 2019, Governor Gavin Newsom called on the California Public Utilities Commission (CPUC) to acce...
CONTINUE READINGNEPA and Loper Deference
The CEQ regulations will continue to receive deference. The question is how much.
When the Court overruled Chevron, one effect was to raise a crucial question about how courts should apply NEPA. For decades, courts have deferred to regulations issued by the Council on Environmental Quality (CEQ). The basis for that deference was a bit fuzzy, but now it is much fuzzier. This is a technical issue but one with far-reaching consequences for how NEPA operates. It's also an issue that is likely to be raised in the oral arguments in a current Suprem...
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
