Region: National
Californians Strongly Oppose Rolling Back Clean Car Standards
Day-long hearing in Fresno shows clear opposition to Trump administration proposal
Along with hundreds of others, I traveled to Fresno, California to testify today against EPA’s proposed rollback of vehicle standards. We’ve covered EPA and NHTSA’s legally flawed proposal in a number of previous Legal Planet posts. Today’s hearing started out with NHTSA’s chief counsel accidentally referring to EPA as the “Energy Protection Agency,” but has …
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CONTINUE READINGThe Case for Co-Benefits
Ignoring co-benefits violates well-established legal principles.
The Trump Administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation, because cutting carbon emissions almost always …
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CONTINUE READINGBattle for the Senate: Arizona and Nevada
These two states offer Dems badly needed pick-up opportunities.
Here are two key Western races. The contrast between candidates on environment and energy is striking. Arizona: Sinoma v. McSally (primary Aug. 28). Incumbent Jeff Flake (R) isn’t running for reelection. Flake’s lifetime score from the League of Conservation Voters (LCV) was a mere 9%. The likely match-up is Martha McSally, a Republican with a …
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CONTINUE READINGReflections from Climate Conference No. 2: The Global Climate Action Summit
Similarly inspiring, with an added dollop of controversy
Last week’s Global Climate Action Summit in San Francisco was at once exciting, inspiring, thought-provoking, and controversial. While I was reinvigorated to push my career in climate change and environmental law and policy, it also forced me to critically think about the nuances in climate change policymaking. As promised, here is an overview of my …
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CONTINUE READINGBattle for the Senate: Montana and North Dakota
These two coal-producing states may determine the balance of power in 2019.
Montana and North Dakota are two must-win states for the Democrats. Both states went heavily for Trump. The environmental stakes are large. Montana: Tester v. Rosendale. The incumbent is Jon Tester (D), with an 86% lifetime League of Conservation Voters (LCV) score. Montana gets 54% of its power from coal and 40% from renewables (33% …
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CONTINUE READINGBattle for the Senate: Missouri and Indiana
Two Democratic moderates faces staunch conservative challengers in these toss-up races.
In the middle of the country, these two Senate races pit Democratic incumbents against strong Republican challengers in what promise to be very close races. Democrats must hold onto these seats to have any chance at all of winning control. If they lose both seats, the GOP will solidify its majority, giving Mitch McConnell more …
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CONTINUE READINGBattle for the Senate: Tennessee & West Virginia
These two battleground states will help determine the balance of power in the Senate
These two states are from the upper South. Both voted for Trump. But they’re very different in other ways. West Virginia is another must-hold state for the Democrats, while in Tennessee Bob Corker’s resignation gives them a possible pick-up opportunity. Tennessee: Bredesen v. Blackburn. Tennessee has unexpectedly turned out to be in play, due to …
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CONTINUE READINGNew Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry
Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.
Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten …
CONTINUE READINGFive Key Cal. House Races and the Environment
These are among the races most likely to determine control of the House.
I’ve tried through the past few elections to provide information about the environmental views of Senate candidates in competitive races. There are too many House races for me to do the same thing on a national basis. But I thought I could at least cover the environmental dimensions of some of the key races in …
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CONTINUE READINGSeparated at Birth? No, not really.
Trump’s pro-coal EPA plan equates two legal provisions with little in common.
Trump’s plan for coal-fired power plants, like Obama’s plan to cut carbon emissions, is based on section 111(d) of the Clean Air Act. But much of the legal argument relies on an analogy to section 165 to support EPA’s very restrictive interpretation of section 111(d). It’s that restrictive interpretation that leads the agency to reject …
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