Climate Change
California Climate Vote: Water
Third in a series of posts outlining key challenges and opportunities facing California’s next governor
California’s next Governor will need to grapple with a complex array of local, state, and regional water issues. Climate change, shifting population dynamics, and a changing economy are stressing California’s water systems and intensifying conflict over water resources. Floods and droughts are becoming more frequent and more severe. And there are no major new sources …
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CONTINUE READINGDoes Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The answer may depend on what being “in effect” means.
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? This matters because federal law preempts state fuel efficiency standards if, but only if, a federal standard is “in effect.” Congress just eliminated any penalty for violating the federqal standards. Which means at best they have only a kind of ghostly existence, but no substance to speak of.
CONTINUE READINGThe Trump Governance Playbook, in War and Peace
Going to war is very different than regulating pollutants, but the Trump Administration approaches both decisions similarly.
Trump’s approach to governance has some roots in previous practice, but it is not what Americans generally have been used to. It is a governance style that centralizes power not only within the executive branch, but in the executive branch at the expense of Congress, and in government rather than the public. Some might argue that this is more democratic since only the President is nationally elected. Others take a different view. There’s no question, however, that the governance system is in a very different mode of operation in all spheres, foreign and domestic.
CONTINUE READINGClimate Issues in the 2026 Governor’s Race: Electricity Affordability
Second in a series of posts outlining key challenges and opportunities facing California’s next governor.
Skyrocketing electricity costs pose a formidable political and economic barrier as California pushes to decarbonize its power supply and electrify homes and transportation. The stakes for the incoming governor are incredibly high: average residential rates for large investor-owned utilities (IOUs) increased 8%-10% annually over the last decade, far outpacing the 3.5% inflation rate. While the …
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CONTINUE READINGClimate 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.
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