The Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government's efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to provide legal support for Biden's effort to impose methane emission limits. The complex history of federal me...
CONTINUE READINGHow Can Cities Ensure EV Charging Accessibility for Lower-Income Drivers?
Watsonville, California as a Case Study for Policymakers
California's ambitious goal to end the sale of internal combustion engine passenger vehicles by 2035 will require addressing the challenges faced by lower- and moderate-income drivers in accessing battery-powered electric vehicles (EVs). Chief among these concerns is their need to have a convenient and affordable place to charge the vehicles. Currently these residents too often experience limited access to EV charging stations, especially in lower-income communities c...
CONTINUE READINGClimate Justice, Climate Finance and Pragmatism for Tropical Jurisdictions at COP28
Exploring the urgency of subnational climate action: insights from COP28 on financing tropical forest conservation, indigenous empowerment, and sustainable livelihoods by the Governors' Climate and Forests Task Force network.
The Governors' Climate and Forests Task Force (GCF Task Force) engaged in the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Dubai, marking a pivotal moment in the global climate dialogue. This significant international forum serves as a crucial platform where nations, subnational entities, and civil society collaborate to address climate change challenges. During the conference weeks in Dubai (Decembe...
CONTINUE READINGThe Year Ahead in California Climate Laws
Facing a $37.9 billion deficit, California’s 2024 legislative session is likely to be about minor fixes, cleanup bills, and the ballot box. Plus: Will 2023’s disclosure bills get funded?
Though I do not have a crystal ball — wish I did! — there are some clear markers we can evaluate to foresee environmental priorities, and possibilities, as we start another exciting year in the California Legislature. The California Legislature kicked off the 2024 session on January 3 with notable changes in leadership. Robert Rivas, who represents the 29Assembly District, primarily based in Salinas, began his first full term as Speaker of the ...
CONTINUE READINGDr. King, Community, and Climate
Climate policy turns on an issue highlighted by Dr. King: Whose suffering counts?
“A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.” Those words are from a 1967 speech delivered at Riverside Church by Dr. King about the Vietnam War. He was not, of course, thinking of what was then the obscure issue of climate change. Yet others have drawn t...
CONTINUE READINGPower Play: The Effects of Overruling Chevron
Who will win and who will lose if Chevron is overruled?
Next week, the Supreme Court will hear oral arguments about whether to overrule the Chevron doctrine. That doctrine allows administrative agencies that implement statutes to resolve ambiguities in those statutes. Overruling the doctrine would shift that power to courts. Institutionally, then, judges would be the big winners, with more sway over how laws are implemented. But overruling Chevron would also shift power in more subtle ways. Basically, judges, government...
CONTINUE READINGSaving the Planet, One Case at a Time
These 50 law school clinics are doing vital work on environmental issues across the country.
Law school clinics are where the proverbial rubber meets the road. They introduce students to the realities of lawyering. Often, they are a law school’s most important form of public service. Environmental law clinics have blossomed across the country. Today's post provides a directory to the clinics. There are several sites that promise comprehensive lists of environmental law clinics, but each list has gaps and some links to nonclinical programs. (And one is...
CONTINUE READINGThe Bumper Crop of New State Climate Policies Since July.
State governments aren't sitting on their hands. Far from it. The pace of climate action is picking up.
State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it's not for nothing that 2023 has been called a banner year for state climate action. The state developments in just the second half of the year make up an impressive list. I've organized a list of those dev...
CONTINUE READINGInequality Today: Unfinished Work
The first step in addressing the problem is to be clear about the facts.
More than a half century after Martin Luther King's death, his work is still unfinished. Sadly, despite his efforts and those of many others, inequality remains a reality along multiple, interrelated dimensions: race, income, and geography. Inequality is not merely economic; it involves differences in health and life expectancy -- and in exposure to pollution and the risks of climate change. As the Washington Post recently reported, "Today, the divide in life ex...
CONTINUE READINGJudicial 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...
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