Judicial Activism and Climate Change: An Unhealthy Combination
The trial judge in the Juliana case won't give up, no matter what higher courts say..
An Oregon federal judge has convinced herself that climate change is a constitutional issue. After what promises to be a lengthy trial, Judge Aiken plans to decide whether U.S. energy policy passes constitutional muster. While I have no doubts about her sincerity and good intentions, her opinion itself shows why her courtroom is not the right place for climate policy to be made. It's true that climate change, if left unchecked, will pose dire risks. But that does no...
CONTINUE READINGElection 2024: Climate Action vs. Radical Deregulation
Voters should consider the radical, right-wing deregulation agenda that would await on Day One of a second Trump administration.
The Iowa Caucuses are 12 days away. The South Carolina Republican Primary comes 5 weeks later. And just two weeks after that is Super Tuesday. In the lead up to all these primary contests, anti-democracy candidate Donald Trump continues to march toward capturing the GOP nomination with a commanding lead in national polls. While headlines largely focus on Trump’s rhetoric, his dangerous deregulation agenda should get the spotlight. Radical right-wing policy str...
CONTINUE READINGThe U.S. Supreme Court & Environmental Law in 2024
Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year
As we begin 2024, it's useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year. It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are the cases that the justices have already taken up and will decide this year. (I've included links to the relevant...
CONTINUE READINGHow are California Cities Planning for the EV Transition?
Some leaders are emerging, but plenty of room for more equity-centered programs
With California's 2035 zero-emissions vehicle transition target now just over a decade away, state and local leaders face an urgent need to ensure that sufficient electric vehicle charging infrastructure is available to meet the needs of all drivers. Electrified vehicles constituted nearly a quarter of all new sales in 2023, but publicly accessible chargers still far fall short of the millions needed by 2030 and 2035. And as the California Energy Commission and many othe...
CONTINUE READINGMore Thrills and Chills Ahead! What to Expect in 2024
Here are the key events that will shape climate and energy policy.
We will face some important forks in the road in 2024 in terms of environmental law. Here are some of the upcoming forks. Who will be President in 2025? You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. The two couldn’t be more different in their views of climate and energy policy. Who will control the House? The 2024 map for the Senate strongly favors the Repu...
CONTINUE READINGCalifornia Courts Foil Westlands Water District’s Grinch-Like Water Grab
Westlands' Efforts to Permanently Privatize California Water Opposed by Unique Coalition & Rejected by Skeptical Judges
While there's a great deal that's dysfunctional and downright wrong about water law and policy in California, occasionally there are positive developments to report. So it's most satisfying to end 2023 with some good news regarding water in the Golden State. This is the saga of how the Westlands Water District tried to privatize a permanent supply of massive amounts of California water from a government-operated water project; the remarkable coalition of interes...
CONTINUE READING2023: The Good, the Bad, and the Ugly
Here’s what happened in the world of energy and environment.
A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt. In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major laws requiring corporations to disclose their carbon emissions and financial risks relating to climate change. Similar regulations are under...
CONTINUE READINGThe Environmental Gifts of the Magi
Clean air. Clean water. We receive these public goods every day without payment, as gifts from everyone to all of us.
One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. Stewart’s character is feeling suicidal, until he learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming if also very corny. There’s a flip side to that story: the need to remember how much others have contributed to our own lives. That includes people we don’t know who have helped give us a better planet on which to live. Even the mos...
CONTINUE READINGReviewing Agency Indecision
The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.
A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than the first one —unless you’re a real administrative law geek— let’s start with that one. The grid operator is P...
CONTINUE READINGDreamin’ of a White Christmas
It didn’t start out as a song about climate change, but it could be prophetic.
To the modern ear, it sounds like a song about climate change: I'm dreaming of a white Christmas Just like the ones I used to know Where the treetops glisten And children listen To hear sleigh bells in the snow The song actually isn’t about climate change — the lead-in, which is much less familiar, tells us that the singer is now living in Beverly Hills , where Christmas means palm trees rather than snow. But the song could turn out to be prophetic. As it ...
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