Hydrogen — Fuel of the Future?
Using this tiny molecule for energy may be key to decarbonization.
As it has more than once in the past, hydrogen has become a hot topic in climate policy circles. Although widespread use of hydrogen is probably a decade away, there’s a lot of excitement about the prospect. The fundamental appeal of hydrogen as an energy source is that it produces water rather than carbon dioxide when it’s used. Hydrogen could help solve some major problems in the energy transition to a zero-carbon future. For that to happen, however, we will have...
CONTINUE READINGRenewable Energy in the Midwest
Under Trump, it’s been a mixed picture, with progress except in two states. What were Midwestern states doing during the four years Trump was busy promoting fossil fuels? States with Democratic governors are making progress. Of the three states under unified Republican control, two are trying to prop up coal. Ohio has decreased support for clean energy and provided generous subsidies to coal, while Indiana is trying to slow the process of closing coal generators.Â...
CONTINUE READINGNo Way, Norway!
 General Motors goes big on Super Bowl Sunday
General Motors appears to be going all in with its transition to an electric vehicle (EV) fleet. Last week, GM dropped the bombshell announcement that it planned to stop making gas-powered cars, trucks and SUVs by 2035. While not the market force it once was, GM still accounted for 17% U.S. auto market share in 2019, the largest of any manufacturer, so this is a big deal commitment. The company also plans to invest $27 billion in EVs over the next five years. The company...
CONTINUE READINGLiberal Judges Embrace Textualism
Why are these judges suddenly so enthusiastic about Justice Scalia's approach to reading statutes?
Two of Trump’s major regulatory efforts were recently thrown out by the D.C. Circuit. The liberal judges who wrote the opinions latched onto a conservative theory called textualism, which was most prominently advocated by Justice Antonin Scalia. While judges in an earlier era tried to interpret Congress’s intent in writing a law, textualists focus solely on the words of a statute. In pursuit of the letter rather than the spirit of the law, they pointedly dismiss ...
CONTINUE READINGBiden and Regulatory Review
Big changes may be coming to White House regulatory oversight.
President Biden seems to be poised to dramatically change how the White House reviews proposed agency regulations. I argued in a recent post that it would be better  to expand the focus of  regulatory review beyond cost-benefit analysis to include important values such as social justice and environmental quality. Biden may be moving in that direction. Since Reagan took office, the White House Office of Information and Regulatory Affairs (OIRA) has reviewed the cost-...
CONTINUE READINGThree of Yesterday’s Stories of Climate Progress
There was Biden’s Executive Order, of course. And two other things. Or maybe three.
Yesterday, I read three encouraging stories about the U.S. and climate change. One was about action by the federal government, one about action by the states, and one about action by the private sector. The biggest news was from the federal government, in the form of Biden’s Executive Order on Tackling the Climate Crisis at Home and Abroad. The Executive Order (EO) is actually a series of mandates to different federal agencies. Essentially, however, it makes c...
CONTINUE READINGNew Report: Accelerating Building Decarbonization
Solutions to drive the electrification transition / Expert webinar February 23
Today, the Center for Law, Energy and the Environment (CLEE) at Berkeley Law and the Emmett Institute on Climate Change and the Environment at UCLA Law are releasing a new report, Building toward Decarbonization, which highlights the key barriers and policy solutions to accelerate building electrification retrofits in California’s high-priority communities. California’s ambitious commitment to statewide carbon neutrality by 2045 will hinge on two related transitio...
CONTINUE READINGLegal Planeteer Ann Carlson Joins Biden Administration
UCLA Environmental Law Professor Named NHTSA General Counsel
President Joe Biden has appointed UCLA environmental law professor--and frequent Legal Planet contributor--Ann Carlson to serve as General Counsel of the National Highway and Traffic Safety Administration (NHTSA). NHTSA, part of the U.S. Department of Administration (USDOT), plays a key regulatory role in charting federal transportation policy. Professor Carlson has anchored UCLA School of Law's environmental law program for a number of years. She is particula...
CONTINUE READINGJustice Breyer’s Nuanced Voice for the Environment
Not much for rhetoric, but a reliable vote for environmental protection.
Given Justice Breyer's announced retirement, it seems like a good time to assess his contribution to environmental law. When Bill Clinton nominated him for the Supreme Court, there was a great deal of uneasiness among environmentalists about Justice Breyer. As an academic, he had sounded a cautious note about government regulation, calling for more deliberation and greater consideration of costs. On the Supreme Court, however, he’s been a bit of a puzzle. He has gene...
CONTINUE READINGThe Controversial Congressional Review Act
Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.
The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He plans to restore U.S. involvement in the Paris climate agreement that way on his first day in off...
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