Region: International
The Supreme Court’s Earliest Pollution Cases
Long before Congress, a notoriously conservative Court started taking pollution seriously.
Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. That was in 1901. Six years later, the Court decided its first air pollution case. Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism. Quite the contrary. …
Continue reading “The Supreme Court’s Earliest Pollution Cases”
CONTINUE READINGBrazil: Presidential Election, Saving the Amazon, and Combating Climate Change
Views from the Governors’ Climate and Forests Task Force
By Jason Gray and Colleen Scanlan Lyons Co-Project Directors, GCF Task Force Yesterday, the people of Brazil had a historic vote in favor of returning President Luiz Inácio Lula da Silva (Lula) to power. Lula, who served as President of Brazil from 2003 to 2010 (and is the first President in Brazil to return for …
Continue reading “Brazil: Presidential Election, Saving the Amazon, and Combating Climate Change”
CONTINUE READINGScenarios and Uncertainty
Imagining different futures can be the best way to think through options when we don’t know the odds.
In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior. Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand. It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …
Continue reading “Scenarios and Uncertainty”
CONTINUE READINGThe Inflation Reduction Act and the Sequencing of Climate Policy
Why subsidies for clean energy generally are preconditions for other climate policies
The Inflation Reduction Act would be, if enacted, the biggest piece of climate legislation that the U.S. Congress has ever passed. As such, it’s gotten a fair amount of coverage attempting to put it into context for the broader scope of climate policy in the U.S. and globally – in particular, this article in Slate …
Continue reading “The Inflation Reduction Act and the Sequencing of Climate Policy”
CONTINUE READINGMaking Climate Policy Work
New book highlights the weaknesses of carbon pricing in addressing climate policy
I have a new post up at JOTWELL reviewing a recent book from Danny Cullenward at the climate think-tank Carbon Plan, and Professor David Victor of UC San Diego. Their book, Making Climate Policy Work, is a terrific overview of the political and administrative weaknesses of carbon pricing as a tool for climate policy. Please …
Continue reading “Making Climate Policy Work”
CONTINUE READINGWest Virginia v. EPA: A Quick Explainer
This video lays out the issues, what the Court did, and where EPA can go from here.
CONTINUE READINGWill Russia “Win” the Climate Crisis?
It’s complicated. But probably not.
The conventional view is that climate change is going to be a great thing for Russia. The reason is pretty obvious: a lot of Russia is cold and icy right now; warming will be an improvement. That’s likely to be true in some ways, but warming may be a mixed blessing. Whether what is good …
Continue reading “Will Russia “Win” the Climate Crisis?”
CONTINUE READINGWill Rights of Nature Save The World?
Examining whether granting legal rights to nature could make a difference in how courts understand environmental law
A number of environmental advocates have been pushing a new strategy for environmental protection – seeking to pursue legal rights for elements of nature (such as rivers, lakes, ecosystems, or species), sometimes in alliance with Native American tribes. This approach is not unique to the United States – rights of nature legal approaches have been …
Continue reading “Will Rights of Nature Save The World?”
CONTINUE READINGEquity Weighting: A Brief Introduction
An unfamiliar concept for most that just might make cost-benefit analysis more progressive.
A technique called equity weighting could make regulation more progressive. Implementing this technique may be harder than it sounds, however, for a variety of practical, legal, and political reasons. Agencies might do best to use equity weighting as a way to check their regulatory decisions rather than as their main decision tool.
CONTINUE READINGSouth Korea and Climate Change
A small country, but a significant carbon emitter.
Little known fact: The ninth largest carbon emitter in the world is South Korea. What is South Korea doing to cut its emissions? That answer, in brief, is that it has adopted the right kinds of policies, but may need to up its level of ambition. Even so, it compares favorably with the national governments …
Continue reading “South Korea and Climate Change”
CONTINUE READING