Barrett on Standing & Judicial Deference
Her mentor was Scalia, but her style is more like Souter.
With the help of my research assistant, I've collected cases by Judge Barrett dealing with standing issues and deference to administrative agencies. Both topics are very relevant to the environment.al crisis. You really can't draw firm conclusions about her views on these doctrines, but you can draw conclusions about her style. She sticks close to the facts of the case, considers precedents, and eschews rhetorical flights or discussions of broad issues. There are ...
CONTINUE READINGHow Climate Disruption May Undermine Climate Policy
The long-term harms from climate change over the next decades may undermine support for efforts to reduce emissions
Almost two straight months of wildfires and smoke in California are a tangible sign of the impacts of climate change on our lives and our world. This article from the New York Times a couple of weeks ago does a good job of laying out why the wildfires in California are only one example of the impacts we will all face from climate change over the coming decades – and how those impacts will only increase. The article also does a good job of noting how even aggressive act...
CONTINUE READINGElection 2020: The Montana Governor’s Race
The two candidates are neck-in-neck. But their environmental views aren’t close.
Last week, I posted about the Montana Senate race. Montana also has a tight race for governor. The candidates are the current Democratic Lieutenant Governor Mike Coney and House Republican Greg Gianforte. Coney is a long-time figure in state politics. Gianforte founded a “customer relationship software company.” He got national attention in 2017 when he assaulted a reporter and knocked him down. Gianforte pled guilty, did community service, apologized, and donat...
CONTINUE READINGSteering Towards Zero Emissions
Is California’s Ban of Gas-Powered Cars on a Collision Course with the Federal Government?
This post was originally published on the American Constitution Society’s Expert Forum on September 30, 2020. On September 23, California Governor Gavin Newsom announced an Executive Order that would, among other things, ban the sale of new internal combustion engine vehicles in California after 2035. The announcement sparked a flurry of reactions: Some environmental groups praised the order, while others said it didn’t go far enough, and petroleum and a...
CONTINUE READINGWhat They Said About Climate Last Night
It was late in the debate and hard to follow. But the exchange about climate change was important.
There was actually a substantive discussion of climate change at the debate last night. Many people had literally tuned out by then. Others were too distracted by Trump’s interruptions. Here are the key things that were actually said, culled from a transcript of the debate. Wallace: . . . Mr. President, you said, I don’t think the science knows. Over your four years, you have pulled the US out of the Paris Climate Accord. You have rolled back a number of Obama...
CONTINUE READINGA Responsible Investment Roadmap for California
New report highlights recommendations for ESG investment integration
As the systemic risks facing the global economy due to climate change become increasingly clear, leaders in the investment community have begun to emphasize the links between consideration of environmental, social, and governance (ESG) factors and investment decisions that minimize financial risk for individuals, governments, and markets. CLEE’s Climate Risk Initiative, working with the Principles for Responsible Investment (PRI)—an international network of invest...
CONTINUE READINGDouble Trouble in Georgia
Both Senate seats are on the ballot in November, with big environmental stakes.
Georgia has two Senate contests due to a fluke of timing — one a regular election, the other a special election. The regular election pits David Perdue (R) against Jonathan Ossoff (D). The special election pits Kelley Loeffler (R) against an open field, where her principal Democratic opponent is probably Rev. Raphael Warnock, the African-American pastor of the historic Ebenezer Baptist Church where Martin Luther King was once pastor. The Republican candidates are fav...
CONTINUE READINGNewsom’s Gas Car Phaseout is a Big Step Forward for California
A long road ahead, but undoubtedly moving in the right direction
On Wednesday, Governor Newsom issued an executive order that, among other things, directed the California Air Resources Board to develop regulations moving the state to 100 percent zero-emission passenger vehicles by 2035. The order is a long way from taking effect--at a minimum, ARB's rulemaking process will take many months, any regulations would involve a decade-long phaseout, and an adverse outcome in the November election would leave a hostile EPA standing in the wa...
CONTINUE READINGChina’s New 2060 Carbon Neutrality Target
New climate pledges from China and the EU make the U.S. the only jurisdiction among the top three emitters without a carbon neutrality target
The biggest climate policy announcement of the week was not California Gov. Newsom’s Executive Order to ban the in-state sale of gas-powered passenger cars and trucks by 2035, although this move is a major advance for climate policy. Rather, the most important climate news was China’s announcement of an “aim” of achieving carbon neutrality by 2060 and to peak carbon emissions before 2030. Here is the passage on the environment from President Xi Jinping’s speech...
CONTINUE READINGBig Environmental Stakes in the Big Sky State
Their records put the two Senate candidates far apart on environmental issues.
The current Supreme Court vacancy is a reminder of just how crucial the Senate is. If there were two more Democratic Senators there today, Trump would not be able to fill Ginsburg's seat before the election. Of course, the Senate matters for other reasons, too. An example of the importance of the Senate in policy terms is Montana. The candidates there have starkly different views of environmental issues. This race could be called the Battle of the Steves. Steve...
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