The End of the Juliana Litigation–Or Is It?
Ninth Circuit Court of Appeals Denies Rehearing, But Landmark Climate Change Litigation's Impact Will Endure
Last week, the U.S. Court of Appeals for the Ninth Circuit denied rehearing en banc in one of the nation's most closely-watched climate change lawsuits: Juliana v. United States. But the legal and policy impact of this landmark litigation will endure. And the case itself may not be concluded. Juliana involves a novel legal argument: that the federal government's longstanding, affirmative conduct--for example, in facilitating the extraction and combustion of f...
CONTINUE READINGExpertise versus Politics Under Biden
Experts will no longer be pariahs under Biden. But will their voices be heard?
One of the abiding issues in governance is the balance between democratic leadership and experts. We don’t want government solely by technocrats.  Nor do we want government steered solely by ideology and politics, as under Trump.  Biden will be a vast improvement, but there’s still some question about whether he’ll get the balance right. I wrote earlier about the trend toward presidential administration, which shifts authority toward the White House and away...
CONTINUE READINGPeer Production of Climate Action
Wikipedia and climate actions by cities and states have more in common than you might think.
Wikipedia is celebrating its twentieth birthday. When it was launched, this effort to create an encyclopedia seemed like a joke compared with Microsoft’s big-money effort, which was called Encarta. Encarta is long gone but Wikipedia has thrived beyond anyone’s expectations. Today, Wikipedia has fifty-five million entries, with 270,000 active editors a month.  While imperfect, the accuracy, too, has turned out better than expected. At around the time Wikipedia...
CONTINUE READINGHydrogen — 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...
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