Region: National
Fighting Back Against Lawless Judges: What Does The Case Law Actually Say?
Current standards for declaratory judgments could allow the Biden administration to pre-empt.
Three weeks ago, I argued that the Biden Administration should use the declaratory judgment as a way of pre-empting lawless judges like Matthew J. Kacsmaryk and Reed O’Connor, both of (of course) Texas. I fleshed out the idea in a recent piece for The American Prospect. Since then, the problem has only gotten worse, as …
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CONTINUE READINGCan the New Climate Laws Transform our Transportation Infrastructure?
The IIJA and IRA will spend a lot of money on transportation—but whether they’ll create fundamental change in our infrastructure or continue business as usual will depend on how that money is used.
This is the last in our series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, the second post, on transmission infrastructure, and RSVP for the Symposium here! Transportation is one of the most complicated …
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CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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CONTINUE READINGCan Sunshine Lower Sky-high Gas Prices?
Gov. Newsom and lawmakers think transparency can lower gas prices at the pump. What about transparency for the price of natural gas?
Calls are growing for more transparency in California’s energy markets. Gov. Gavin Newsom just signed his bill shining a light on gas prices at the pump. But when it comes to the recent surge in natural gas prices that jolted electricity and gas bills this winter, the next step is murkier. Regulators at the California …
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CONTINUE READINGThe Social Cost of George W. Bush
Bush promised climate action but reversed himself. The result: billions of dollars in global harm.
When Bush ran for President in 2000, he endorsed mandatory limits on CO2 emissions. Within three months of taking office, he reversed himself to the dismay of some members of his own administration. The upshot was that the US resisted any effort to address climate change and embraced a “drill baby drill” energy policy. You …
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CONTINUE READINGThe Texas Paradox
Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?
I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas. Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry …
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CONTINUE READINGHow Can We Build Transmission Infrastructure Responsibly?
The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?
This is the second of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, and the third post, on transportation infrastructure; and RSVP for the Symposium here! The clean-energy transition that is one …
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CONTINUE READINGWhen Is It Legal to Consider Race in Regulating?
Two upcoming Supreme Court decisions will tell us a lot about the answer.
On Halloween, the Supreme Court heard oral argument in cases brought by Students for Fair Admissions (SFFA) against Harvard and UNC. These cases seem likely to move the Court closer to requiring colorblindness. How would that impact EPA’s ability to pursue environmental justice? Based on comments of the Justices during the arguments in the Harvard …
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CONTINUE READINGDo Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
In a very narrowly argued brief, the Administration calls for returning the cases to state court.
The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …
CONTINUE READINGHow Should We Implement the New Federal Climate Laws?
An upcoming symposium by the Emmett Institute will explore the key climate impacts of IIJA and the IRA and unpack some of the obstacles and controversies around their implementation.
This is the first of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the second post, on transmission infrastructure, and the third post, on transportation; and RSVP for the Symposium here! The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of …
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