Region: National
The Speaker Race and the Environment
No, it’s not a pretty picture. Scalise was bad. Jordan is worse.
In what felt like one of the few times I’ve actually been right about a political prediction, I told my wife that Steve Scalise would probably be the GOP’s pick to replace Kevin McCarthy. Sadly, I was only right for about 24 hours. Then Scalise, supposedly the more moderate candidate, dropped out. That left Jim …
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CONTINUE READINGNikki Haley & Climate Policy
She’s a departure from the GOP’s white male establishment. But on climate issues? Not so much.
Nikki Haley’s presidential campaign has gained a following. According to the NY Times, Haley’s performance “in front of crowds and in the first two Republican debates — during which she successfully fended off interruptions and delivered pithy, memorable one-liners — has delivered buzz, attention and money.” Unlike Trump, she’s not actively hostile to the very …
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CONTINUE READINGWhat’s Been Killing U.S. Coal?
No, it’s not Biden. Or EPA. The culprits are supply and demand.
From 1960 to 2005, coal use grew more or less steadily by 18 million tons per year. It then tread water for a few years and began a steep decline in 2008, going from half of U.S. electricity to about one-fifth today. What happened in the middle of the Bush Administration to halt growth? And …
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CONTINUE READINGRFK Jr. and Climate Change Conspiracy Theories
Voters who care about the climate should know the longtime environmental lawyer turned long-shot presidential candidate has turned away from environmentalism.
When an old acquaintance of mine recently shared a series of Robert F. Kennedy Jr. videos on Instagram, I couldn’t resist asking him what was appealing about the long-shot presidential candidate. He said that RFK Jr. would end corporate influence, including when it comes to industries that pollute the environment. RFK, he said, has done …
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CONTINUE READINGThe Climate Crisis, the Tribes, and the IRA
Biden’s signature climate law spotlighted the need to support tribal responses to climate change.
Five hundred and thirty-one years ago today, Christopher Columbus went ashore at Guanahaní, an island in the Bahamas. That date marked the beginning of an era of European settlement and colonialism, accompanied by widespread destruction of existing American societies. Today, Native Americans communities face another crisis: climate change. Many tribes are at high risk from …
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CONTINUE READINGReading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit
A leading environmental lawyer gives his perspective.
Transportation is now the source of 28% of U.S. greenhouse gas emissions, more than the electric power sector. The transportation sector is also a substantial source of nitrogen oxides and particulates, both of which are dangerous to human health. The Biden Administration has taken important regulatory actions bearing on these problems, with others in the …
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CONTINUE READINGCan We Use Regulation to Reduce Inequality?
Contrary to some, I think the answer is yes. And here’s how we can do it.
Inequality is a burning issue in our society but plays only a limited role in the design of regulations. In an article that came out a week ago, I try to work through questions about how economic and racial inequality can be integrated into rule-making. In terms of economic inequality, the current system already has …
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CONTINUE READINGWhat’s a Major Question? (Judicial) Opinions differ.
Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.
In West Virginia v. EPA, the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion …
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CONTINUE READINGNo, There’s No Scientific Conspiracy About Climate Change
Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.
Among the host of conspiracy theories out there, a perennial one depicts climate science as a global hoax perpetuated by scientists. There are thousands of climate scientists around the world, which is an awful lot of people for a secret conspiracy. But even if there were only forty or fifty, a successful conspiracy of any …
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CONTINUE READINGA Summer Job, Record Heat, Climate Hope
Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.
It’s been three months now since 16 young plaintiffs suing the state of Montana for climate harms piled into a Helena courtroom so small that the attorneys worried whether everyone would fit. (They did.) And it’s been one month since the Montana First District Court determined that the state of Montana had indeed violated Montana …
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