Climate Change
Climate Issues in the 2026 Governor’s Race: Transportation
First in a series of posts outlining key challenges and opportunities facing California’s next governor.
In collaboration with California Environmental Voters, CLEE is leading a nonpartisan initiative to educate all candidates running for governor, as well as the public, on critical climate, energy, and environmental issues. In February, CLEE and CEV co-hosted a candidate forum featuring 90 minutes of discussion on these issues. And we’ve launched a public website, www.climatevote.org, …
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CONTINUE READINGEliminating the Endangerment Finding Doesn’t Mean the Government Can’t Regulate Cars and Trucks
The Clean Air Act and Energy Independence and Security Act still give EPA, California, and NHTSA significant power.
The withdrawal of EPA’s endangerment finding is bad in many respects that I don’t want to downplay and that many have already focused on. But it’s also worth stressing that, should a president take office in 2029 who cares about climate and air pollution from cars and trucks, the federal government — and California — …
CONTINUE READINGDissecting EPA’s Endangerment Repeal: Series Wrap-Up:
Here’s what you need to know to understand the upcoming legal battles.
Yesterday was the last of five Legal Planet posts on EPA’s repeal of the Endangerment Finding, which it based on legal arguments that it has no power to regulate vehicle emissions of greenhouse gases. The series began with a quick overview of the issues. The remaining posts focus on the reasons that EPA was right to issue the Endangerment Finding in the first place in 2009, the legal precedents supporting the Endangerment Finding. and the impact of the repeal on future climate actions. The bottom line is that EPA was right to issue the Endangerment Finding and wrong to repeal it.
CONTINUE READINGThe Tangled Web of the Boulder v. Suncor Cert Grant
Pass me some aspirin. Attorney General Rob Bonta might want some, too.
On Monday, the U.S. Supreme Court agreed to take up the Boulder v. Suncor Energy case, one of the growing set of state-law nuisance and consumer protection cases filed by states and municipalities against fossil fuel companies for harms from climate change. The Court will review the Colorado Supreme Court’s decision to allow the case …
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CONTINUE READINGHas Trump Actually “Driven a Dagger Through the Heart” of Climate Policy?
Lee Zeldin
Don’t jump to conclusions based on the Administration’s spin operation.
there’s a good chance that the repeal of the Endangerment Finding will be reversed by the courts. That would ground federal climate policy even more firmly in the law, so the Administration is taking a gamble. Saying they’ve one is as premature as a roulette player who’s just put all their chips on one number announcing that they’re now rich before the wheel has even started turning. Even if the courts do uphold the repeal, a lot will depend on just what legal theory the judges adopt. Some legal theories would slam the door on efforts by future Democratic presidents. Others would leave room to move forward.
CONTINUE READINGWhat Happens to State Regulation if the Endangerment Findings are Gone?
Answer: State authority wouldn’t suffer from the change and might expand in some ways.
If the Trump EPA successfully repeals the endangerment findings for vehicles and stationary sources, states will be the only resort for climate regulation. A key question is how the repeals would impact state power to regulate carbon emissions. The bottom line answers are: (1) the impact on state power regulate tailpipe emissions seems unclear but could be positive, (2) there would be no effect on state power to regulate stationary sources like power plants, and (3) plaintiffs suing oil companies would probably benefit. The detailed analysis is below.
CONTINUE READINGThe Overlooked Precedent Supporting EPA Regulation of Greenhouse Gases
Even Roberts and Scalia agreed that Mass. v. EPA is the law
An important precedent has been overlooked in the coverage of the Trump EPA’s repeal of the 2009 Endangerment Finding. The 2009 finding relied was based on , in which the Court had held that the Clean Air Act covers air pollution and directed EPA to determine whether greenhouse gases are harmful. One reason to worry about the litigation is that the conservatives Justices all dissented from Massachusetts v. EPA over the repeal. But there’s another equally important precedent: American Electric Power v. Connecticut (AEP). That ruling was joined by Chief Justice Roberts and Justice Scalia, so it may carry more weight.
CONTINUE READINGCan the Endangerment Finding be Repealed? Not While MASS. v. EPA Still Lives.
On any fair reading of Justice Stevens’s opinion, the Endangerment Finding is valid.
EPA claims that its justifications for repealing the Endangerment Finding are consistent with the ruling in Mass. v. EPA. That’s just not true.
CONTINUE READINGThe Affirmative Case for Finding Endangerment
Despite hairsplitting by the current EPA, finding endangerment is a no-brainer.
or EPA to decide that vehicle greenhouse gas (GHG) emissions aren’t harmful is iike NASA deciding that the earth isn’t round after all. Over the next year or two, lawyers will be picking over EPA’s detailed legal arguments. Let’s not get mired in the weeds. It’s crazy that this issue is even being raised.
In 2007, the Supreme Court told EPA to do two things: (1) consider whether GHGs endanger human health and welfare, and (2) if the answer is yes, regulate vehicle emissions of GHGs. That’s exactly what EPA did. Nothing has changed in the meantime.
Environmental Journalism in the Age of Idiocracy
Jeff Bezos’ murder of the Washington Post is a major hit, but there are hundreds of great environmental reporters out there in new media who deserve our support — and subscriptions.
By now we have all heard and read about Jeff Bezos’ decision to destroy The Washington Post. Make no mistake: that is what he decided: hundreds of reporters have gotten fired, including several foreign correspondents in dangerous areas with no means of support and no ability to get home. And spare me any questions concerning …
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