Guest Contributors Matt Lifson, Camila Bustos, and Natasha Brunstein: Redressability of Climate Change Injuries after Juliana
Juliana Litigation’s Disappointing Result Leaves Room for Future Climate Plaintiffs to Allege Redressable Injuries
In the landmark Juliana litigation, the youth plaintiffs sought a judicial decree telling the federal government to develop and implement a plan to do its part to reduce atmospheric CO2 concentrations to 350 ppm. The Ninth Circuit dismissed Juliana, holding that the youth plaintiffs’ constitutional and public trust claims were not redressable by an Article III court. The panel concluded it lacked the power to order a carbon-reduction plan because the judiciary would ne...
CONTINUE READINGThe Conservative Assault on Presidential Administration
Are they afraid of “faceless bureaucrats”? Or Democratic Presidents?
Conservatives are on a campaign to reduce agency discretion. They don’t seem to realize that in today’s world, that really amounts to an attack on presidential power. These days, it’s generally not bureaucrats or even cabinet officers who make the real decisions about regulation. It’s the White House. So the campaign against the administrative state really amounts to an effort to neuter the President’s authority over domestic policy. This conservative ef...
CONTINUE READINGTapping the Earth’s Power
Geothermal power could play an important role in decarbonization.
There's been a lot of recent interest in geothermal energy. It can complement other renewables as they become a bigger part of the power mix. A recent study by DOE suggests that geothermal capacity could reach 60 Gigawatts by 2050. The basic technology is pretty simple: drill down into a reservoir of super-hot water (up to 700 °F), then use the water to run turbines. The wells have various depths, sometimes up to two miles. If the water is below 360 °F, it’s often...
CONTINUE READINGTrump EPA Takes Aim at Cost Benefit Analysis; Misses
The proposed new EPA regulation on cost-benefit analysis seems to be a dud.
An EPA rule-making on cost-benefit analysis was supposed to be a big win for conservatives and industry. They want to rig cost-benefit analysis by counting all of a regulation's costs but only some of the benefits. But the EPA proposal issued last week appears to give them only a token victory. The issue involves what are called co-benefits, which are positive side-effects of a regulation. For instance, suppose EPA issues a rule to reduce CO2 emissions from coal-f...
CONTINUE READINGEnvironmentalists Can Help Address Racism Through Housing Policy
Restrictive local zoning affects both the environment and racial justice
As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues cross cut racism and environmentalism more than housing policy. Environmentally, housing policy that enco...
CONTINUE READINGTrump’s Latest Deregulatory Ploy: Emergency Waivers
Shaky legal authority, poor analysis, dubious benefits. What else is new?
In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The order is legally shaky and unlikely to accomplish much. Still, it provided a nice photo op. Maybe he should have signed it in front of a church. I’ll talk later about the specifics, but first I’d like to explain why this will probably have less impact than you might think. Like many of Trump’s executive orders, there’s more smoke he...
CONTINUE READINGToday is World Oceans Day
Our oceans need and deserve more sustained attention
Today, June 8, 2020, marks World Oceans Day. The official UN site carries the theme "Innovation for a Sustainable Ocean." The oceans give our blue planet its character. More than 70% of the earth's surface lies under oceans. They hold 99% of the planet's habitable space. Yet they have often been effectively invisible. Much less is known about our ocean spaces and ecosystems than about the terrestrial world. Threats from overfishing, conventional pollution, and ...
CONTINUE READINGTrump says he will allow commercial fishing in national monument
An Antiquities Act edition of "can he do that"?
On June 5, President Trump issued a "Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument." This Proclamation follows a court defeat for opponents of the National Monument -- the DC Circuit last year dismissed a claim by commercial fishing interests that the National Monument was unlawfully designated. Trump's Proclamation purports to modify President Obama's 2016 Proclamation creating the National Monument. The Obama Proclamation...
CONTINUE READINGIt’s just a start, necessary and long overdue
A February report shows green NGOs are adding diversity, but still have a long way to go
The callous killing of George Floyd by a white police officer; the shooting of Breonna Taylor in her bed by police executing a no-knock warrant; the pursuit and murder of black jogger Ahmaud Arbery by white vigilantes; a white woman calling police to intimidate black birder Christian Cooper, who asked her to follow Central Park dog leash rules. The confluence of these widely reported events makes it impossible to ignore how different the lives of black people in America ...
CONTINUE READINGNEPA, emergencies and executive power
Once more we need to ask, can Trump do what he claims to be doing?
Late Thursday, the White House issued another in a seemingly endless series of administrative orders. Under the typically overblown title "EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities," it was touted by the President's team as a way to speed infrastructure permitting and another step in the anti-regulatory agenda they have pursued since Trump's inauguration. It is intende...
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
