Countries failed to agree first steps on solar geoengineering at the UN. What went wrong?
Duncan McLaren and Olaf Corry observed as diplomats in Nairobi wrestled with a resolution on solar radiation management
In the last weeks, diplomats from all over the world were negotiating more than twenty draft resolutions at the UN Environment Assembly (UNEA). The Assembly is a biennial intergovernmental meeting which sets the global environmental agenda. It also sets the strategy for the UN Environment Programme (UNEP), and outlines policy responses to address emerging environmental challenges. In amongst proposals regarding plastic pollution, air quality, pesticides and circular ec...
CONTINUE READINGDeciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before -- and discuss in more detail in a forthcoming article -- the new statute is something of a disaster in terms of legal drafting. When the 2023 amendments...
CONTINUE READINGThe SEC’s Watered-Down Climate Rule
Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.
After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, in addition to the “Scope 1” and “Scope 2” direct and indirect emissions the final rule inclu...
CONTINUE READINGActually, EV Sales Are Right on Track
Don’t believe the current anti-EV spin.
There is a lot of talk about weak consumer demand for EVs — doleful from greens, triumphant from others. Maybe US carmakers have hit a few speed bumps --not surprising when trying to rapidly ramp up a product that's new to most consumers. But the reality is actually quite reassuring in terms of the U.S. market. Globally, the picture is even rosier for EVs, with the big open question being whether U.S. carmakers are going to be shoved to the curb by the Chinese. Le...
CONTINUE READINGMisusing Carbon Removal as a Climate Response
Carbon removal is an alluring idea. That also makes it a tempting façade for bad policies.
It seems clear that in some form, carbon removal is going to be an important component of climate policy, especially later in the century to deal with carbon levels that overshoot the targets in the Paris Climate Agreement. The problem is not with the concept but with its misuse. One of the risks that comes with such good ideas is that they provide cover for poorly conceived and badly executed policies. A trio of recent articles in the leading research journal Scien...
CONTINUE READINGCalifornia Year In Fire Report
A Multi-Dimensional View of Wildfire Impacts
On behalf of CLEE and the Climate and Wildfire Institute (CWI), and with additional support from the Moore Foundation, I am pleased to announce publication of the California Year in Fire Report. Wildfire and the risk of wildfire impact far more than acres burned. This Report is an effort to provide a more multi-dimensional view of those impacts, incorporating measures of resilience, public health, and environmental impact. The Report was conceived of, researched, a...
CONTINUE READINGRFK Jr. Joins the War on Climate Scientists
RFK Jr. has filled a top campaign position with an anti-vaccine activist named Del Bigtree who has called global warming “an enslavement system.”
Robert F. Kennedy Jr. made headlines when a Super PAC supporting his presidential bid ran a pricey Super Bowl ad, stealing the look of a famous 1960 spot for his uncle John F. Kennedy. But he got far less attention for another move that says a lot about his campaign: He has tapped Del Bigtree to run his communications team. Bigtree, like RFK Jr., is a well-known anti-vaccine activist. But he also voices full-throated conspiracy theories denying the reality of human-c...
CONTINUE READINGThe Problems with the SCOTUS ‘Good Neighbor’ Arguments
Guest contributors Megan Herzog and Sean Donahue write that last week’s argument in the case of EPA’s Good Neighbor Rule shows the perils of agency rulemaking cases on the Supreme Court’s shadow docket.
Megan M. Herzog (former Emmett/Frankel Fellow at UCLA School of Law 2012-2016) and Sean H. Donahue are partners at Donahue, Goldberg & Herzog, which represents the Environmental Defense Fund, a Respondent-Intervenor in the Good Neighbor Rule litigation. Last Wednesday, the Supreme Court did something it has done only three times in the last half-century—it heard oral argument in a case without merits briefing. The argument concerned four applications f...
CONTINUE READINGAmerica’s Leading Environmental Court
Hint: It’s in the southernmost state. Which is not Florida.
The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention. It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in years to come. Environmental rights. In 2023, the court issued two major decisions relating to climate change. The first case, In re Hawaii Electric Co. , invol...
CONTINUE READINGRecentering Environmental Law: A Thought Experiment
If we had understood then what we know now. . . .
In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about it differently? First of all, we would have had a very different understanding of the air pollution problem. We thought th...
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