Region: National
Statutory Language? Who Cares About Statutory Language?
A new DOE guidance seems flatly contrary to the statute it’s acting under.
The Department of Energy has issued new guidance that cuts off rebates for people who replace a gas furnace with a heat pump. Under the new guidance, the rebate will be allowed only if the heat pump replaces an electric furnace. Unless I’m missing something, the statute creating the program says the exact opposite. I suppose maybe at this stage I should find this blithe lack of concern for legality unsurprising. Maybe I haven’t adjusted to the Trump era as much as I’d thought. The rebate program specifically covers “any “project that includes [among other things] … the purchase or installation … of an electric heat pump … to replace a nonelectric appliance.”
The Latest Step in Trump’s War on Science
OMB’s proposed new rule seeks to politicize research funding across the entire federal government
Last week, Trump’s Office of Management and Budget (OMB) proposed a sweeping new regulation of grants across the federal government. Here are two quick takeaways. First, OMB gives every sign of realizing it is on shaky legal ground. Second, the OMB rule seeks to continue Trump’s 2025 campaign to rip apart research funding. The goals of that campaign were to destabilize scientific research; squelch research on forbidden topics like climate change, clean energy, race, and gender; and inhibit academic criticism of the Administration. The legal basis for the 2025 campaign was dubious, resulting in serious litigation setbacks. OMB is now trying to create a foundation for making the war on science permanent.
CONTINUE READINGAmerica the Beautiful — Not Beautification Projects
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
If you braved one of America’s most iconic national parks this weekend, you may have a new appreciation for the meaning of Jean-Paul Sartre’s famous line that “hell is other people.” At Yosemite, visitors reported waiting up to two hours just to enter the park and once they made it through, they were greeted by …
Continue reading “America the Beautiful — Not Beautification Projects”
CONTINUE READINGThe Compelling Case for Clean Energy Subsidies
There’s a solid economic case for government support
Tax credits and direct subsidies sound like handouts. That’s not true in the case of renewable energy and electric vehicles. No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms. Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also make America competitive in what are clearly the industries of the future, rather than abandoning the field to China.
CONTINUE READINGGas Pains
Higher gas prices are inflicting real pain on lower-income families.
Commentators seem bemused by the intense political reaction to gasoline prices, which are up by about a dollar a gallon due to the war. No doubt the reaction is accentuated because gas prices are highly visible. People buy gas frequently and even more frequently see signs posting the prices. But to a greater extent than many in the upper income distribution appreciate, the actual economic pain is very real. Current price increases presumably won’t be permanent, but the problem isn’t going to go away quickly and might well get worse.
CONTINUE READINGToo Cheap to Meter?
Unlimited energy abundance is more of a pipe dream than a realistic policy goal.
A recent post by Matt Yglesias on on “the case for clean energy abundance” disturbingly off pitch. One reason is that the post seems unduly dismissive of environmental harms. It pooh-poohs objections to a proposed ultra-large solar that would destroy what Yglesias describes as a “bunch of forest.” Maybe this would be warranted, but it’s not wrong to consider the environmental cost. Yglesias also opposes efforts to restrict fossil fuel production. This is partly on political grounds, because it makes it hard for Democrats to win in places like Louisiana, and partly because he doesn’t think those efforts accomplish much anyway. Yglesias could be right about the benefits of this hands-off approach, to regulating fossil fuels but it would be nice to see some acknowledgement of the harm to public health and the environment. Instead, he describes the only problem with coal as being “smoggy,” which underplays coal’s serious public health and environmental harms.
CONTINUE READINGTrump versus Cost-Benefit Analysis
EPA’s disavowal of CBA is the culmination of a longer assault.
EPA recently said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all environmental impacts, it’s not clear what future regulations, if any, might be still subject to cost benefit analysis. This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when Trump took office in 2017. By 2018, Trump’s executive orders and other administration actions had led me to write a post about “the rise of benefit-blind analysis.” Little did I know what was coming down the road.
CONTINUE READINGTrump and Xi Meet in Beijing
As the U.S. and China meet, climate change is NOT on the agenda.
When Presidents Trump and Xi meet this week in Beijing, climate and environment will not be on the agenda. That absence is striking, because the U.S. and China are now moving in radically different directions on climate, energy, and environmental protection. The US is in an extraordinarily anti-environmental moment. It has exited both the Paris …
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CONTINUE READINGThe Other Half of Climate: Policy, Capital, and the Race to Scale Superpollutant Solutions
Learn how California is using satellite data to pull the emergency brake on global warming.
Methane and other short-lived climate pollutants (SLCPs) are responsible for nearly half of today’s net global warming. Because they exit the atmosphere quickly, reducing them can serve as an ‘emergency brake’ on rising temperatures. At the San Francisco Climate Week, UC Berkeley’s Center for Law, Energy and the Environment (CLEE) and the Institute for Governance …
CONTINUE READINGTrump’s FEMA Review
Trump’s FEMA Council has reported back. Its basic strategy is flawed.
After much delay, Trump’s FEMA Council has reported back. While the report has some good ideas, much of it resolves around the same strategy: move current problems from the federal government to the states rather than fixing them. Moving responsibilities around doesn’t make them go away. And the reality is that many states will be unable to manage these tasks efficiently. They also lack the federal government’s capacity and economies of scale. And while the federal government will do less itself, it will become more intrusive on state operations, so there’s no clear gain in terms of federalism.
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