Region: National
New Roadmaps for Negative Emissions
Two reports try to figure out how to scale carbon removal
Last week saw two exciting reports released which examine how to remove carbon at scale. Getting to Neutral: Options for Negative Carbon Emissions in California was led by a team from Lawrence Livermore National Labs (LNLL), and assesses pathways for California to remove 125 million tons of CO2 /year from the air by 2045, in …
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CONTINUE READINGElection 2020: The Battle for the Senate
Whatever happens to the White House, control of the Senate will be crucial.
It’s natural that the Presidential election has soaked up all the attention. But control of the Senate may be equally important — some might say even more important. If a Democrat wins in 2020, there will be little or no chance of passing significant legislation without control of Congress. It seems very likely that the …
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CONTINUE READINGSubstantive Due Process, Climate Change, and Flint, Michigan
Toward substantive constitutional protections for the environment
The past few weeks have been eventful for environmental issues and constitutional law. On January 17th, a panel for the Ninth Circuit Court of Appeals threw out Juliana v. United States climate litigation for lack of standing. A few days later, the U.S. Supreme Court denied certiorari on a ruling from the Sixth Circuit, Guertin …
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CONTINUE READINGCharging Consumers for Imaginary Power Needs
FERC is distorting energy markets in the name of perfect competition.
Last year, the GOP majority on FERC decided that state clean energy policies were distorting energy markets in the country’s largest grid region. Because they provided incentives for power producers, FERC ruled, those policies should be considered subsidies. It directed grid operators to introduce new policies to counter those subsidies and halt the dreadful onslaught …
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CONTINUE READINGClimate Change and the Financial Industry
How is one of the world’s largest industries responding to climate change?
As of 2018, the U.S. financial industry contributed $1.5 trillion to GDP. How is the financial sector responding to climate change? The short answer is “slowly so far, but there are signs of progress.” For instance, just last Friday, the NY Times reported that European Central Bank began a strategy review with climate change on …
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CONTINUE READINGCan the Center Hold?
The Challenge to Mainstream Environmentalism
Is environmentalism facing a paradigm shift? Since the 1970s, mainstream environmentalists, lawyers, and scholars have sought incremental progress based on established law and political realities. But frustration with that approach is palpable. The face of climate advocacy is now seventeen-year-old activist Greta Thunberg rather than Establishment politician Al Gore. And there is growing frustration with …
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CONTINUE READINGDeciding a Climate Case in the Shadow of the Supreme Court
Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision
The irony of the Ninth Circuit decision dismissing the Juliana v. United States case this week is plain to see. Two branches of government — the legislative and executive – have failed to act to address an environmental problem that may cause the destruction of the federal government itself. The third branch, the judiciary, recognizes the …
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CONTINUE READINGPricing Carbon: What Does It Actually Accomplish?
Pricing carbon may not work the way economists thought.
In theory, pricing carbon should incentivize emissions reductions. In reality, it is unclear to what extent that takes place unless the carbon price is very high. This is not to say that pricing carbon is useless, but the main benefits may take different forms. Basically, there are two ways of putting a price on carbon. …
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CONTINUE READINGLooking Ahead: Inauguration Day, 2021.
There are 3 plausible scenarios for the new balance of power.
Inauguration day is a year from today. What will the balance of power be then? The House doesn’t seem to be in play. Democrats have an uphill fight to win the Senate, so a GOP White House would probably mean a GOP Senate. That leaves three likely scenarios, with different implications for environmental law. Scenario …
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CONTINUE READINGJuliana and the Future of Climate Litigation
Asking judges to pass judgment on all U.S. energy policy was a bridge too far.
The Ninth Circuit threw out the Juliana litigation this morning. The two judges in the majority basically said, legalistic language, that you can’t get the Green New Deal by court order. It was wrong for the Supreme Court to step in at the last minute to put the trial on hold, rather than giving the …
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