China’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 ...

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Where “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 ...

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Perspectives 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. ...

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Institutional 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...

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Guest 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...

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2021-2022 California Environmental Legislation: What’s Been Introduced?

Climate change and wildfire prevention remain top priorities, while environmental justice issues gain more attention

The California State Legislature is back in session, and legislators have introduced thousands of bills. The 2021-2022 session kicks off a new two-year legislative cycle, which means bills that are not passed in this session have the opportunity to be considered and passed in the subsequent session. While legislators will likely spend a significant amount of time addressing the Covid-19 pandemic, there are a number of time-sensitive environmental and environmental justic...

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Mine! How the Hidden Rules of Ownership Control Our Lives

Mine! Book Cover

New book explores the hidden rules governing who gets what and why

For the last six years, Michael Heller and I have been writing Mine! How the Hidden Rules of Ownership Control Our Lives. It comes out today! We wrote the Doubleday book because we think everyone should have access to the handful of simple insights that can make us more effective advocates for change as consumers, parents, and citizens. The book tells engaging, surprising, and often infuriating real-life stories that reveal the ownership rules of the 21st century. ...

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Recalculating the Cost of Climate Change

The Biden Administration has already started to revisit this important issue.

“The social cost of carbon” isn’t exactly a household phrase. It’s an estimate of the harm caused by emitting a ton of CO2 over the many decades it remains in the atmosphere.  That’s an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy.  The Obama Administration came up with a set of estimates, which Trump then slashed by 90%. In an early executive order, Biden...

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Conservative Judicial Activism Strikes Again

A wild-eyed misinterpretation of the commerce clause

A federal district judge ruled today that the federal government's moratorium on evictions is unconstitutional. The judge's theory is that evicting tenants for nonpayment of rent isn't an "economic" activity. Therefore, it's beyond Congress's power under the Commerce Clause. I know that sounds nuts, but that actually it is what the judge said. The judge's theory was that Congress can regulate the payment of rent, but not access to property.  Property law is, after a...

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Three Ways of Dodging Responsibility

After disaster strikes, there are some tried-and-true ways of avoiding responsibility.

In the wake of the Texas blackouts, we’re seeing a number of familiar moves to deflect blame by the usual suspects--politicians, regulators, and CEOs. These evasive tactics all begin with a core truth: Eliminating all risk is impossible and would be too expensive even if it weren't. But then they spin that truth in various ways.  The result is to obscure responsibility for the disaster and the steps that should be taken going forward. Here are some of the most comm...

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