Region: National
National Security, Climate Change, and Emergency Declarations
If the Supreme Court upholds Trump, it will have to uphold an emergency declaration for climate change.
Trump finally pulled the trigger today and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there’s a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet’s own Jonathan Zasloff …
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CONTINUE READINGIs the Green New Deal’s Ambition Smart Policy?
Some Lessons from Environmental History
At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy — is a major conundrum. Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically. Stanford Professor Marc Z. Jacobsen, for …
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CONTINUE READINGEmmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also …
CONTINUE READINGI’ve Been Waiting My Whole Life for a Green New Deal
Get on Board or Get out of the Way: A Millennial Response to the GND
In 2016, millennials (those of us born between 1981 and 1996) surpassed Baby Boomers as the largest share of the US population. Yet you’d never know it by our relative shares of Congressional representation. Even after the great Millennial Wave of the 2018 midterm elections, millennials still only make up 6% of the House of …
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CONTINUE READINGTo Dream the Impossible Dream
What are the pros and cons of yesterday’s proposal for a Green New Deal?
The Green New Deal proposal introduced by Representative Alexandria Ocasio-Cortez and Senator Ed Markey is a call for drastic action to address climate change. Specifically, section 1(A) says that “it is the duty of the Federal Government to create a Green New Deal . . . to achieve net-zero greenhouse gas emissions through a fair …
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CONTINUE READINGDoes the Future Have Standing?
Climate change may devastate future generations. Is there a way to get their interests before the courts?
Climate change is not just a long-range problem; it’s one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can’t go to court: they haven’t been born yet. How can …
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CONTINUE READINGFlipping the Conservative Agenda
Thought experiment: take everything conservative want to do and then do the opposite.
Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas. In other words, let’s try to come up with similar …
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CONTINUE READINGAfter Trump
Suppose we get a pro-climate-action unified government. What then?
Someday, the stars will surely come into alignment and Congress will be able to pass climate legislation. A national cap-and-trade scheme or a carbon tax would be definite possibilities. But let’s suppose they aren’t politically feasible, maybe because of opposition from progressive on equity grounds, or maybe because for some reason the public rejects them. …
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CONTINUE READINGClimate policy and horcruxes
What Harry Potter might have to teach us about making climate policy more resilient to political shifts
As the most recent report from the Intergovernmental Panel on Climate Change makes clear, the negative impacts of climate change are now upon us, and we have a very limited amount of time to decarbonize global economies in order to reduce the risk of catastrophic impacts from climate change, impacts that might begin as soon …
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CONTINUE READINGEPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law
Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment
As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset …
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