Region: National

Battle for the Senate: Missouri and Indiana

Two Democratic moderates faces staunch conservative challengers in these toss-up races.

In the middle of the country, these two Senate races pit Democratic incumbents against strong Republican challengers in what promise to be very close races. Democrats must hold onto these seats to have any chance at all of winning control. If they lose both seats, the GOP will solidify its majority, giving Mitch McConnell more …

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Battle for the Senate: Tennessee & West Virginia

These two battleground states will help determine the balance of power in the Senate

These two states are from the upper South. Both voted for Trump. But they’re very different in other ways. West Virginia is another must-hold state for the Democrats, while in Tennessee Bob Corker’s resignation gives them a possible pick-up opportunity. Tennessee:  Bredesen v.  Blackburn. Tennessee has unexpectedly turned out to be in play, due to …

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New Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry

Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.

Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten …

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Five Key Cal. House Races and the Environment

These are among the races most likely to determine control of the House.

I’ve tried through the past few elections to provide information about the environmental views of Senate candidates in competitive races. There are too many House races for me to do the same thing on a national basis. But I thought I could at least cover the environmental dimensions of some of the key races in …

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Separated at Birth? No, not really.

Trump’s pro-coal EPA plan equates two legal provisions with little in common.

Trump’s plan for coal-fired power plants, like Obama’s plan to cut carbon emissions, is based on section 111(d) of the Clean Air Act.  But much of the legal argument relies on an analogy to section 165 to support EPA’s very restrictive interpretation of section 111(d). It’s that restrictive interpretation that leads the agency to reject …

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Climate Ed. — What are Kids Learning?

Climate change is on the curriculum, but only gets a brief drive-by in science classes.

What are kids learning about climate change in school? As children are about to head back to school, this seems like an especially appropriate time to ask that question. The good news is that nearly all students are likely to be exposed to the basics about climate change. Covering the subject is required by school …

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What’s Ahead for Trump’s Pro-Coal Rule?

Be prepared: this is going to remain a live issue for at least two years.

You’ve already heard a lot about Trump’s pro-coal ACE rule. You’re likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I’ve set out a rough timetable below, and at the end I discuss some implications. Step 1: The Rulemaking  Aug. 2018 Notice of proposed rule issued  …

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When Republicans Fought for a Clean Environment

Environmentalism Used to Be a Bipartisan Issue

It is not unreasonable and overly rigid environmental regulations and restrictions that stand in the way of the expanded use of the nation’s coal reserves. It is the reluctance, and at times the refusal, to recognize the very serious health hazards and environmental, social and cultural impacts associated with a rapid rise in coal use. …

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A Loss for Trump — and for Coal

Trump Administration Loses Yet Another Environmental Case

Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump Administration’s token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump Administration and invalidated key parts of a rule dealing with …

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EPA Makes a Pit Stop at the “Chevron” Station

EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.

The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws.  I’d like instead to talk about its …

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