Jefferson, Adams, and the Environment
The Founding Fathers were more environmentally aware than we give them credit for. Woke, even.
The Fourth of July calls to mind that date in 1776, but another Fourth, exactly fifty years later, also deserves to be remembered. On that day in 1826, Thomas Jefferson and John Adams- –two architects of American Independence who later served as Presidents -–both died, marking the end of an era. These two Americans did much to shape our country. We tend to think that early Americans, like our current President, saw nature as merely something to be conquered an...
CONTINUE READINGA Trump Rollback Hits a Roadblock
A Trump gambit to undo a key air pollution limit turned out to be a flop.
Trump has used all kinds of unconventional techniques to undermine environmental regulations, from enforcement slowdowns and emergency exemptons to budget cuts and lawsuits against states. The Administration has moved more slowly, however, on actually wiping Biden’s regulations off the books. On Friday, the D.C. Circuit decisively rejected one important rollback effort by the Trump EPA. In doing so, it saved (at least for now) a crucial protection for public health...
CONTINUE READINGA Tariff on Data Centers Could Help Them Pay Their Fair Share
The first in our new “Energy Corner” series, this post looks at how California could design a rate structure for large load customers to join the electric grid without burdening ratepayers.
A flurry of new comments was filed last month in Pacific Gas & Electric’s (PG&E) proposal to implement a new electric tariff bill, one specific to large-load customers (read: data centers). Such tariffs determine the electricity rates a utility can charge each class of customer, and the conditions under which it must provide service. PG&E’s intent to create a specific large-load tariff follows the example of utilities across the country, whic...
CONTINUE READINGProject 2025 Was Awful. Trump Has Been Worse.
Trump disowned Project 2025. In retrospect, it seems like he considered it too moderate.
When the Heritage Foundation released Project 2025, there was a big hullabaloo, and Trump quickly disowned it. Bad as it was, however, it appears Project 2025 apparently failed to anticipate the full sweep of Trump’s second term. Many of Trump’s actions mirror Project 2025 recommendations, but in some key areas he’s gone much further. Here are some quotes from Project 2025, paired with a summary of what Trump has actually done. “Returning the environ...
CONTINUE READINGPlug-In Solar Bills are Taking State Legislatures By Storm
Chances are your state legislature is considering a bill to authorize plug-in solar panels for your balcony or backyard.
It's worth taking notice when any clean energy legislation is passing with bipartisan support in all kinds of states. Bills on balcony solar, also called plug-in solar, have been signed or moved forward in so many states around the country that it's probably easier to name the 16 or 17 states that are NOT working on balcony solar bills. I’ve not seen one of these myself, or had the pleasure to stick 'em in, but as I understand, an entry-level plug-in system costs be...
CONTINUE READINGBACA and unions
The complicated dynamics of unions and CEQA may impact this fall’s CEQA ballot initiative
In this post I will assess the labor provisions of the California Chamber of Commerce’s ballot initiative to drastically overhaul CEQA, which will be on the ballot in November. The quick summary is that those provisions turn out to generally codify current practice or law – and importantly, may not be locked-in against subsequent state legislative changes (in contrast to most of the initiative provisions). This may explain why some of the most important unions ha...
CONTINUE READINGThe Supreme Court Rules in Favor of Bayer
Bayer gets the litigation relief it was looking for in the Monsanto Roundup case.
The Supreme Court has ruled in favor of Monsanto in its ongoing effort to contain its vast and growing litigation exposure stemming from its best-selling product, Roundup—the most popular weed killer in the world. In a decision by Justice Kavanaugh (joined by six other justices), the Court held that FIFRA expressly preempts the state law failure-to-warn claims that have been brought against Monsanto for failing to warn Roundup users that glyphosate (the active in...
CONTINUE READINGBACA and Data Centers, Part II
The inclusion of data centers within this fall’s CEQA ballot initiative may make it much harder to regulate their construction
This is the second of two posts exploring whether the California Chamber of Commerce’s ballot initiative to drastically reform CEQA might facilitate the construction of data centers in California. In the first post, I examined whether data centers fall within the scope of the initiative (and concluded they likely do so). What are the implications of data centers falling within the scope of the initiative? First, the legislature would not be able to mandate that...
CONTINUE READINGChina’s Climate Policies: A Timeline
How has China has gone from climate action’s problem child to a promoter of clean energy?
China has long been the world's top emitter of greenhouse gases, making its climate and energy policies crucial for the rest of the world. It initially took the position that Westerners had caused the problem and should carry the entire burden of fixing it. Over time, however, it has shifted into a position of leadership in clean technology and cooperation on climate issues. The world didn't take notice of this shift, however, until very recently. At the moment, Chin...
CONTINUE READINGBACA and Data Centers, Part I
Ballot initiative may facilitate construction of data centers in California
As I noted in my initial analysis of the California Chamber of Commerce’s ballot initiative to rollback most of CEQA, one important point about the initiative is how many different projects are covered by it – despite the framing that it only covers “essential projects.” One kind of development project that is particularly controversial right now are data centers. The state legislature has been considering legislation that would (essentially) mandate the app...
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