Justice Breyer’s Nuanced Voice in Environmental Law
In a thoughtful, undramatic way, Breyer has turned out to be a valuable supporter for environmental regulation.
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 READINGDefending EPA’s Authority to Fight Climate Change – at the Supreme Court
Sean Hecht and Ted Lamm co-author amicus brief on behalf of Clean Air Act expert Tom Jorling
This week, Sean Hecht and I filed an amicus brief at the Supreme Court in West Virginia v. EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act in 1970. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) The case involves a group of challenges to EPA...
CONTINUE READINGUn-Inventing Fire
After many eons, reliance on combustion for energy is ending.
To head off disastrous climate change, we need to radically transform the modern energy system. We must largely move beyond the use of fire, the first and most important of inventions. The core energy technology used by humans has always involved, in one form or another, burning things up. To a large extent, combatting climate change will mean bringing this long era to an end. In that sense, the energy transition will be truly epochal. Long before modern humans had ...
CONTINUE READINGOne Year and Counting
How does Biden’s first year compare with Trump’s? Biden has been much more effective.
If you compare Biden's performance with his promised agenda, the first year has been disappointing. If instead you compare him with his predecessor, Biden has done more to achieve his environmental goals. The difference is that Trump was judged on the basis of his rhetoric, while Biden is judged based on his achievement. Four years ago, I wrote a post about the first year of the Trump Administration. Trump’s election had come as a huge shock. He had campaigned...
CONTINUE READINGNew Report: How to Reduce Rail Transit Construction Costs and Timelines
New CLEE study recommends options for better project delivery in California and beyond + expert webinar January 27
A new study from the Center for Law, Energy and the Environment (CLEE) at UC Berkeley School of Law released today identifies the primary factors underlying cost and schedule overruns for rail transit construction and presents policy recommendations to overcome key barriers. Improving rail transit delivery is critical for meeting climate and equity goals, given that the transportation sector contributes the majority of the state’s total greenhouse gas emissions. Sin...
CONTINUE READINGIncome-Targeted Environmental Policies, Episode 1
An introduction to AMI
This is the first post in a short series on income-targeted environmental policies. Read the second post, on LA's Transit-Oriented Communities program, here. As environmental law becomes more concerned with the equity of policy outcomes, income-targeted policy elements are becoming more and more common. This should be a good thing: income is closely correlated with pollution exposure, so income targeting can also ensure that programs reach the people who suffer the mo...
CONTINUE READINGMore on How the Vaccine Mandate Cases May Impact Climate Policy
How much is the Court likely to prune back EPA's powers?
In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions. I think it’s worth unpacking both the Court’s opinions a little more and the issues at stake in a pending climate change case, West Virginia v. EPA. The Court ruled in both cases on the principle that an agency can take action of “vast economic and political significance” only it Congress has plainly autho...
CONTINUE READINGWildfires, CEQA, Climate Change & the Courts
Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards
Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state's most important environmental law, the California Environmental Quality Act (CEQA). However, the California judiciary has demonstrated little appetite for doing so. Until now. Recently, courts at either end of the state issued remarkably similar rulings ...
CONTINUE READINGToday’s Vaccine Cases: Implications for Climate Change Regulation
Today’s ruling are (somewhat) good news in terms of West Virginia v. EPA?
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. The cases also split the conservative Justices themselves, with three hardliners (Thomas, Alito, and Gorsuch) seeking a more activist ruling in the OSHA case and dissenting in the healthcare case, while the more moderate block (Roberts, Kavanaugh, and Barrett) supported a narro...
CONTINUE READINGThe Least Surprising Disaster in History
Some disasters come as shocking surprises. Climate change is the opposite.
Whatever you want to say about climate change, you can’t say we’ve been blindsided. The US has had decades to take action against climate change, and we spent nearly half that time deliberately making things worse. Scientists have had reasons for concern about climate change for over a century, and the first government report on the problem was fifty years ago. You may be able to excuse the lack of energetic support then, because the issue was on the periphery...
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