National Archives - Page 11 of 180

Region: National

2023: The Good, the Bad, and the Ugly

Here’s what happened in the world of energy and environment.

A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt. In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than …

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Dreamin’ of a White Christmas

It didn’t start out as a song about climate change, but it could be prophetic.

To the modern ear, it sounds like a song about climate change: I’m dreaming of a white Christmas Just like the ones I used to know Where the treetops glisten And children listen To hear sleigh bells in the snow The song actually isn’t about climate change — the lead-in, which is much less familiar, …

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COP28: “The Methane COP”

Methane was at the center of COP28. Here are some of the most relevant announcements of this year’s Conference of the Parties.

By far, the most ubiquitous figure at COP28 was that of John Kerry. The U.S. climate envoy strolled through the labyrinthine and confusing alleys of Dubai’s Expo City wearing an impeccable suit despite the almost 100-degree Fahrenheit winter weather of the United Arab Emirates. When he wasn’t walking, he was talking about methane, earning him …

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Yes, It’s That Time of Year Again

If you read Legal Planet, you know how much the work we do matters. Now is the time to support it.

Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we only do them two days a year on Legal Planet. But there couldn’t be a more important time for the work we do. This has been the hottest year on record. It’s really now or never to address climate change. That means …

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A Big Year on Legal Planet

Here are the 12 most popular topics in environmental law and climate policy on Legal Planet based on our most-read posts from 2023.

It’s an understatement to say that 2023 was a transformative year for the U.S. climate movement. We saw rapid implementation of landmark federal climate laws, a series of big actions on methane emissions, a deal on Colorado River water usage, and bigger-than-expected climate victories in Sacramento. EPA’s control of toxic chemicals was tested, the U.S. …

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The Children’s Crusade

The latest climate lawsuit is well intended, but it’s almost certain to lose and could do serious harm.

The Children’s Trust has filed another lawsuit, one that gives me serious qualms. I know their hearts are in the right place, but I wish they had thought twice about filing this case. I struggle to find any benefit from the litigation. It has no apparent chance of success. Worse, it disparages people in the …

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How Will Americans Learn to Love the Inflation Reduction Act?

Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?

Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit last week is important for two reasons. It clarifies an important procedural issue applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than the …

Continue reading “Reviewing Agency Indecision”

The Mystery of the Missing Stay Order

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

The steel industry applied for Supreme Court intervention on what they claimed was an urgent issue of vast national importance. Chief Justice Roberts requested an immediate government response. That was six weeks ago. Since then . . . crickets. No doubt you’re on the edge of your seat, wondering about the impending crisis facing the …

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Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Region: National

Here’s what happened in the world of energy and environment.

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

It didn’t start out as a song about climate change, but it could be prophetic.

Methane was at the center of COP28. Here are some of the most relevant announcements of this year’s Conference of the Parties.

If you read Legal Planet, you know how much the work we do matters. Now is the time to support it.

Here are the 12 most popular topics in environmental law and climate policy on Legal Planet based on our most-read posts from 2023.

The latest climate lawsuit is well intended, but it’s almost certain to lose and could do serious harm.

Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.