Deconstructing the Supreme Court’s First Environmental Law Decision of the Year (Sort Of)…
...And Newly-Arrived Justice Barrett's First Majority Opinion
Earlier this month, the U.S. Supreme Court issued its first environmental law-related decision of its current Term--U.S. Fish and Wildlife Service v. Sierra Club. I say "environmental law-related" because the heart of the case concerns whether certain federal government documents are disclosable to the public under the Freedom of Information Act (FOIA). But the case arises in the context of the federal Endangered Species Act (ESA), and for that reason it's import...
CONTINUE READINGThe U.S. Government Is Researching Solar Geoengineering. Now What?
Officials should use the tools on hand to get governance right.
In December, Congress renewed funding for the National Oceanic and Atmospheric Administration (NOAA) to investigate stratospheric aerosols as a potential method for "solar climate interventions," expanding a research program established a year earlier. These actions have been widely interpreted as the first-ever federal research project into solar geoengineering—proposals to slightly “dim the sun” to limit the harms of climate change. I recently published a ...
CONTINUE READING“NIABYs” Obstruct Important Climate Change Research
Some activists say "not in my backyard," but strident opponents of solar geoengineering argue "not in anyone's backyard."
A peculiar type of activism is manifesting with regard to solar geoengineering. This proposed set of technologies to reduce climate change has been subject to only a few outdoor experiments. One has been in the pipeline for almost a decade: The Stratospheric Controlled Perturbation Experiment (SCoPEx) would involve the launch of a balloon into the stratosphere, where it would move horizontally, spray one or more fine mists, and then circle back to measure chemical and ph...
CONTINUE READINGIf Liberals Were the Ones Who Favored Fossil Fuels. . .
Here’s what the conservative response might look like.
Conservatives often come to the defense of fossil fuels and disdain renewable energy. Is that really consistent with their principles? Let’s imagine what conservatives might say if the table were turned, Suppose liberals proposed government support for fossil fuels. The conservative response might look something like this: Another Liberal Boondoggle Now they want to prop up fossil fuels! Sen. Ted Cotton As if our budget deficit wasn’t bad enough under...
CONTINUE READINGKeeping It All In the Ground?
Exploring legal options for congressional and executive actions to terminate existing fossil fuel leases on federal lands.
The Biden Administration has set aggressive goals for the reduction of greenhouse gas emissions from the United States. And a necessary component for any long-term plan to address greenhouse gas emissions from the United States is reducing and ultimately eliminating the emissions from fossil fuels produced on federal lands. Why is this such a critical issue? Almost half of the coal mined in the United States, about a quarter of the oil, and around one-sixth of the n...
CONTINUE READINGChina’s 14th Five-Year Plan: A Missed Opportunity to Chart a Path to Carbon Neutrality?
Every five years China releases its blueprint for social and economic development and gives the world a preview of what’s to come. This year, on the heels of President Xi Jinping’s commitment to make China carbon neutral by 2060 and with the UN’s Conference of the Parties (COP 26) quickly approaching, expectations were particularly high that China’s 14th Five-Year Plan -- covering 2021-2025 -- would accelerate and detail near-term climate commitments and ...
CONTINUE READINGWhere “Old King Coal” Still Holds Court
Use of coal is dwindling across the country, but very unevenly. We need to give it a good shove.
The NY Times ran a story last week about a coal area in Wyoming that is embracing renewable energy as its economic future. Residents of Carbon County, WY, aren't necessarily happy about it but they recognize that the times are changing. As one county commissioner said, “You can stand at the tracks when the train is coming at you, or you can stand at the switch. I chose to stand at the switch.” I heard Sen. Joe Manchin (D-W. Va.) talk yesterday, and he's saying ...
CONTINUE READINGPerspectives on Inequality and the Environment
Environmental action has become linked to the fight against inequality. But there are different visions of this linkage.
Equality concerns have loomed large in American thought for at least the past decade, exemplified by demonstrations against “the one percent” and the Black Lives Matter movement. These concerns have also moved toward center stage in environmental law. This has been a major shift in emphasis that seems likely to reshape the meaning of environmentalism. It’s still not clear how to conceptualize this shift. At this point, three perspectives seem to have emerged. ...
CONTINUE READINGInstitutional Capacity Building for the Energy Transition
State agencies will need help to deal with a fast-changing energy system.
The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, such as a green stimulus, may run into similar problems if we neglect the a...
CONTINUE READINGGuest Contributor Aimee Barnes: How the Biden Administration’s Environmental Justice Mapping Tool Can Identify and Target Benefits to Disadvantaged Communities
Lessons Learned From CalEnviroScreen
Just one week after his inauguration, President Joe Biden designated January 27 “Climate Day” at the White House and signed a number of executive orders, including one aimed to “secure environmental justice (EJ) and spur economic opportunity.” Under this executive order, President Biden took the first steps to make good on his campaign’s EJ commitments. These commitments align closely with the Equitable and Just National Climate Platform, a national climate age...
CONTINUE READING