The New NEPA Guidance
The new guidance on climate change is a step forward, though it could have been stronger.
The White House Council on Environmental Quality (CEQ) issued new guidance today on considering climate change in environmental impact statements. Here are the key points: Quantification. The guidance recommends that agencies quantify projected direct and indirect emissions, using the amount of emissions as a proxy for the eventual impact on climate change. The EIS should also discuss the impacts of climate change, referring to government reports on the subje...
CONTINUE READINGThe Aviation Endangerment Finding
While we are watching the political conventions, EPA took an important step forward
Last Monday, EPA issued a formal finding that carbon emissions from commercial aviation endanger human health and welfare. Understanding the significance of the finding requires a little background. Section 231(a)(2) of the Clean Air Act directs the EPA Administrator to "issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which...
CONTINUE READINGWhither the 2016-17 Court on Environmental Cases?
Docket so far limited to a significant takings case, Murr v. Wisconsin
So far, the docket for the U.S. Supreme Court's term beginning in October includes no significant statutory environmental case. It does include an important takings case that could limit or expand the land use powers of all levels of government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels. Whether the Court ultimately decides looming and giant environmental cases -- including those involving the fate of wetlands protecti...
CONTINUE READING157 Days. . . And Still, Congress Has Not Acted
The President requested emergency funding to fight Zika on Feb. 22. Now the virus is starting to spread.
This just in from the Washington Post: "Florida officials on Friday announced the first local spread of Zika virus through infected mosquitoes in the continental United States. "Gov. Rick Scott made the announcement during a press conference Friday after a health department investigation into four suspected cases in Miami-Dade and Broward counties." On Wednesday, the FDA directed South Florida blood banks to stop accepting blood donations until they can be tested for...
CONTINUE READINGA Clash of Visions
The two parties couldn't disagree more about energy policy.
In every election, there are people who claim that both parties are alike. That’s certainly not true about energy policy this year.The distance between the tickets can be expressed numerically: Kaine has a 91% lifetime score of from the League of Conservation Voters, while Pence’s is 4%. And the differences between the presidential candidates are equally stark. Here is what Donald Trump has promised for his first 100 days in office in terms of energy: “We...
CONTINUE READINGRemember the Unitary Executive Theory? The GOP Platform Didn’t.
The platform casually blew off a key conservative belief.
The Republican platform contains a fascinating sleeper provision. It proposes to “transform the EPA into an independent bipartisan commission, similar to the Nuclear Regulatory Commission.” What makes this proposal so interesting is that it violates what used to be a core tenet of conservative belief: the unitary executive doctrine. Under the unitary executive doctrine, independent agencies are unconstitutional. All agencies must serve directly under the President...
CONTINUE READINGTim Kaine and the Environment
Despite some blemishes, he deserves strong support from environmentalists.
I reported last week on Mike Pence’s environmental record. This week, Tim Kaine is the one in the spotlight. Only a few minutes ago, Clinton announced that he was her choice – pretty much what the press had predicted for the last day or two. Environmentalists have a lot of reason to be happy about this choice, and a few to be cautious. Kaine has a strong environmental record, with a 91% lifetime rating by the League of Conservation Voters. As Politico reports, “...
CONTINUE READINGCalifornia’s Cap-and-Trade Program After 2020
ARB publishes draft climate regulations that would extend the program
Against a backdrop of complex Sacramento politics on the future of California's climate regulation, the state's Air Resources Board last week issued an initial draft of regulations that would, among other things, extend the cap-and-trade program beyond 2020. Does ARB currently have the authority to do that? Yes, probably. But it's complicated enough to leave room for disagreement. Here's one version of the pro-authority argument. As I have noted before,...
CONTINUE READINGRepublicans & Climate Change — It’s Not About the Facts
Giving Republicans more facts just makes them more hostile.
There's been a lot of work on how to more effectively communicate about climate change with skeptical audiences. A new study indicates that such efforts may actually backfire: simply hearing about the evidence, regardless of how the issue is framed, makes Republicans even more opposed. The researcher suggests instead that we focus on persuading Independents and the minority of Democrats who are unconvinced of the urgency of climate change. That seems like shrewd a...
CONTINUE READINGPence’s Environmental Record
Pence is strongly anti-environmental -- but there's one notable recent deviation.
In some ways, Mike Pence is just what you'd expect of the GOP vice-presidential candidate. He's said that the climate change is a myth, opposed the Clean Power Plan,defended fossil fuels, and allowed a bill to end Indiana's energy efficiency program to become law. In Congress, he voted to allow destruction of critical habitat for endangered species, expand offshore drilling, and so forth. As I said, just what you'd expect. But there's at least one deviation fro...
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