Climate Change
Everyday Christmas: The Gift of the Commons
Clean air. Clean water. We receive these public goods every day without payment
One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. George Bailey, Stewart’s character, is despondent about his life until he learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming, if also a bit corny. There’s a flip side to that story: the need to remember …
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CONTINUE READINGFederalism, AI, and the Environment
Trump’s efforts to overturn state laws are part of his effort to consolidate power and suppress opposition.
State authority isn’t unlimited, but current legal doctrines give it broad scope. So, apparently, does national politics, given that Congress recently rejected a proposal to preempt state AI laws and has never seriously considered preempting state climate laws.
As we all know, Congress has found it extraordinarily difficult to enact legislation on major issues. The executive branch, under the Supreme Court’s “major questions doctrine,” lacks the power to fill the gap. That leaves only the states to save us from paralysis when major new issues arise. That may not be ideal, but it’s better than nothing.
Thoughts on COP30
What have we learned about the future of climate negotiations?
we can only expect incremental progress from the U.N. unless or until China takes a leadership role, particularly while the U.S. is also on the sideline. Incremental progress is better than no progress, obviously. But we’re going to have to look elsewhere for productive international action.
Basically, that’s going to have to rely on something less than the international consensus that drives COP. That means doubling down on some other options: bilateral climate agreements between countries, action by coalitions of interested countries, and subnational agreements including states, provinces, and cities around the world.
CONTINUE READINGThe CAFE Rollback Is Audaciously, Aggressively Awful
The proposal even rolls back standards that the first Trump Administration set.
This morning I blogged about some wonky reactions to the Trump/NHTSA rollback of the CAFE standards. Now I want to step back and highlight just how truly bad the new set of standards is, based on incredibly aggressive legal interpretations. As my first post highlights, the standards are set for ten years despite statutory language …
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CONTINUE READINGSome Early Thoughts on the Dismantling of CAFE Standards
In short, the new standards are full of legal problems (and substantively awful).
It’s hard not to take personally this week’s overturning of the Biden Administration’s CAFE standards, and their replacement with standards that will, if finalized, reduce the projected average miles per gallon of the fleet from over 50 MPG to 34.5. The Biden standards were among my proudest accomplishments while serving at NHTSA (along with increasing …
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CONTINUE READINGEverything is Awesome!
Well, not really, but China’s astonishing progress in curbing emissions points to a technological way forward — and how the United States is being left behind.
There is so much that is awful, so let’s see some good news for once: China’s carbon dioxide (CO2) emissions were unchanged from a year earlier in the third quarter of 2025, extending a flat or falling trend that started in March 2024. The rapid adoption of electric vehicles (EVs) saw CO2 emissions from transport fuel drop by 5% …
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CONTINUE READINGClimate Inaction is an Affordability Problem
The costs of climate change, especially those from climate-related natural disasters, are already substantial for US households.
This post is authored by UCLA Law’s Kimberly A. Clausing along with guest contributors Christopher R. Knittel and Catherine Wolfram. Many of us have seen large increases in our homeowner’s insurance premia in recent years – yet another cost increase that is putting strain on homeowners and driving up rents. In forthcoming work for the …
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CONTINUE READINGRed States and the American Free Enterprise Chamber of Commerce are Climate Champions?
The hypocrisy in Iowa v. Wright is nauseating.
Guess which parties made the following arguments about climate change in a recently decided Eighth Circuit Court of Appeals case, Iowa v. Wright? A group of red states and the American Free Enterprise Chamber of Commerce (AMFREE). The case involves an obscure but important formula, known as the Petroleum Efficiency Factor (PEF), applied when automakers …
CONTINUE READINGPointing a Finger at Methane
UCLA launches the STOP Methane Project with Top 25 in ’25 lists of methane super-polluters.
Almost exactly 10 years ago, I got a call from a Los Angeles city leader asking if I’d be willing to attend a town hall in Porter Ranch, California, to help field questions about the unfolding disaster that was the Aliso Canyon natural gas leak, to provide background on environmental law for the discussion. As …
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CONTINUE READINGShould Private Firms Be Involved in Cooling the Planet?
Private firms like Stardust Solutions want to get in on planet-cooling interventions. Here’s the OK, the bad, and the ugly about startup involvement.
A story at Heatmap News last month reported that an Israeli-American startup firm, Stardust Solutions, has received $60 million in venture funding for a new type of particle they propose can be used to inject in the stratosphere to reflect a little sunlight and (temporarily, imperfectly) reduce global-average heating from greenhouse gases. The company aims …
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