Wasting Away in Methaneville

Another Trump rollback gets slapped down in court.

A week ago, a federal district court overturned yet another ill-conceived rollback by the Trump Administration. The case, California v. Bernhardt, involved releases of methane, a potent greenhouse gas. The legal flaws in the rollback by the Bureau of Land Management, are all too typical of the Administration’s work product. The Administration has repeatedly lost in court because an agency failed to do its homework. A little background: The Obama Administration had i...

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Planet Earth as Desert Island: “Lord of the Flies” or “Gilligan’s Island”?

Or in more technical terms, the Tragedy of the Commons? Or its inverse?

Lord of the Flies is a memorable novel about a group of English schoolboys who are marooned on a desert island.  They quickly descend into savagery and violence. The book can be seen as a parable of the philosopher Thomas Hobbes’s view that human life in a state of nature is short, nasty, and brutish. But there was actually a real shipwreck a number of years after the book was written, and that’s not what happened to the marooned boys at all. In 1965, six boys a...

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Trump Administration’s Court Challenge to California-Quebec Cap-and-Trade Agreement Again Rejected

U.S. District Court Rejects Feds' Latest Constitutional Attack on California's Climate Change Initiative

Three strikes and you're out. That adage, particularly timely given Major League Baseball's belated start of its 2020 season this week, is just as apt when it comes to litigation as it is to our nation's pastime. For the second time in four months, U.S. District Court Judge William Shubb has rejected a constitutional challenge the Trump Administration has pursued against the State of California and, specifically, California's Air Resources Board (CARB).  In hi...

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How NOT to Manage a Crisis

There were basic errors in organizing the White House pandemic response. It's a teachable moment in crisis management.

The rap has been that the White House just ignored medical experts and left everything to the politicos. A  NY Times story over the weekend reveals that the story was more complicated. It discloses basic failures in management and crisis response since early in the coronavirus outbreak. Those failures should be heeded by future leaders. The Times attributes the key government decisions since early Spring to a task force led by White House Chief of Staff Mark Meadows....

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What Did We Know and When Did We Know It?

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

One thing you can say about Donald Trump is that he didn't hide the ball.  He told us exactly what he would do about the environment. Many people who say they care about climate change or the environment apparently didn't care enough to come to the polls and vote for his opponent.  People who liked what he was saying did come out to vote. Five months before the election, Trump announced his "America First Energy Plan."  Basically, what he's done since then has been...

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Constitutional Rights in a Pandemic

When does public health override individual rights?

Lockdowns and social distancing impinge on activities that are protected by the Constitution. That’s been true in many states of church services and in some states of abortion. When the cases have come before they courts, they have often turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, which upheld a state law requiring smallpox vaccination. Courts are all over the map about what Jacobson means in the 21st Century. Some judges have viewed Jac...

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EV Battery Supply Chain Sustainability & Mining

Register for forthcoming report launch webinar on Thursday, July 23rd, from 9-10am PT

The adoption of millions of electric vehicles needed to combat climate change will mark a major shift in mining activities across the world. To get the needed lithium, cobalt and other minerals for the batteries, countries and companies are turning to deep-sea mining, lithium deposits in Nevada and California's Salton Sea, and further exploiting resources in places such as the South American "lithium triangle" region and the Democratic Republic of the Congo (DRC) cobalt ...

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What was Trump’s Role in Premature Reopening?

Yes, he was at fault, but it’s complicated.

In a column about a week ago, Paul Krugman pointed to the dire consequences of the reopenings in the Sunbelt and laid the blame entirely on Trump.  He viewed it as “case of Republican governors following Trump’s lead.” The “main driving force,” he said, was Trump’s reelection strategy.  There’s some truth to that, but it’s also too simplistic. Yes, reopening happened after Trump called for it. But that doesn’t prove cause-and-effect. Even the ancie...

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China’s Distinctive Approach to Emissions Trading

It’s getting harder for the U.S. to use Chinese inaction as an excuse.

China's emissions trading program is slowly forward toward implementation.   It's by no means a perfect program, but it should result in significant emissions reductions. The Chinese program has some features that make it less cost-effective. Nonetheless, researchers at RFF concluded that the climate benefits will be three times the cost of emission reductions. They didn’t try to model the benefits of reduced air pollution, which would make the ratio even more fav...

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The Kudlow Inversion

Trump's key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.

“Only the best people,” Trump said. Let’s talk about his chief economic advisor, Larry Kudlow. Kudlow seems to live in an inverted, upside-down world. He somehow manages to be wrong about everything — wrong about the economy, wrong about deregulation, wrong about climate change, wrong about the coronavirus. A full sweep, in other words. It’s not easy to achieve that level of consistency. Trump must have had to look far and wide to find Kudlow. Just look at t...

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