Region: National

A Victory for Renewables

The Second Circuit has carved out some safe space for state renewable energy programs.

An important Second Circuit ruling in June should help clarify some of the lingering legal issues about state efforts to expand renewable energy. Judge Calabresi’s opinion in Allco Finance v. Dykes rejected claims that Connecticut’s policies interfered with interstate commerce and invaded an area of exclusive federal regulation. This will be a useful precedent for …

CONTINUE READING

Energy & Climate Are Hot News

Some of it is bad news — but despite Trump, there are many positive signs.

Climate and energy issues have been hot topics in the news. Consider yesterday’s issues of the NY Times and the Washington Post. Of course, both papers have featured coverage of the G20 conference. They emphasized that the U.S. is isolated internationally by its decision to withdraw from the Paris Agreement. Trump was unable to get …

CONTINUE READING

Did Trump Just Accidentally Endorse Climate Action?

There’s a hidden zinger in the G-20 statement about curtailing greenhouse gases.

It escaped everyone’s notice, possibly including the U.S. delegation, but buried in the G-20 Declaration is an endorsement of the need to cut greenhouse gases.  This paragraph precedes the two reflecting disagreements about the Paris Agreement, and this particular paragraph purports to reflect the views of all twenty leaders, including Trump. There are three paragraphs …

CONTINUE READING

Law professor comments on national monuments review

Leading natural resource and environmental law professors comment on Trump review of national monuments

As we’ve been covering here on Legal Planet, the Trump Administration is conducting a review of national monuments created over the past 20 years, and has indicated it may seek to eliminate or shrink some of those monuments.  Part of that process is a public comment period.  (You can comment here, deadline is July 10.)  …

CONTINUE READING

How Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?

The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult

On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects.   The proposed action the agencies announced last week, …

CONTINUE READING

Climate Policy Canadian-Style

Canada is setting a great example to its southern neighbor.

Despite our geographic proximity and close economic ties, Canada doesn’t get a lot of press attention in the U.S. But unknown to many, Canada has been taking aggressive steps forward in climate policy. Prime Minister Justin Trudeau rejected Trump’s decision in no uncertain terms: We are deeply disappointed that the United States federal government has …

CONTINUE READING

A Case of Administrative Bad Faith

The D.C. Circuit slaps down an abuse of power by Trump’s EPA.

On Monday, the D.C. Circuit dealt a setback to Scott Pruitt’s deregulation efforts in Clean Air Council v. EPA. The case involved a tricky procedural issue. But the substance was simple: EPA, under Pruitt, had abused a reconsideration procedure under the Clean Air Act to stay a regulation for 90 days, when it had no …

CONTINUE READING

The EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule

This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands

With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule.  This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act.  The …

CONTINUE READING

New Report: How To Boost EV Charging Infrastructure

UCLA Law hosts free report release lunch event at noon, with live webcast & keynote by Energy Commissioner Janea Scott

Electric vehicles (EVs) represent one of the most promising clean technologies, in terms of their potential benefits for the electricity grid, local air pollution, and reducing the greenhouse gas emissions that cause climate change. Not to mention they’re fun to drive. The good news is that as EV prices have dropped by nearly half the …

CONTINUE READING

Yikes, Is It Pledge Week Already?

Yes, this is your biannual opportunity to invest in our work.

Like everyone else, I’m sure you find fundraising appeals annoying.  That’s why we hardly ever do them. But twice a year doesn’t seem like too much of an imposition, and this is a really important time. This is our first “ask” since the new Administration took office. There’s an especially critical need today for policy-driven research …

CONTINUE READING

TRENDING