National Archives - Page 29 of 180

Region: National

Climate Change and Indian Country

The tribes are on the front lines of climate change.

In light of Native American Heritage Day last Friday, we should also be thinking about the future of the tribes in the era of climate change. Tribes face serious challenges from climate change, but also some potential opportunities. In terms of climate impacts, many tribes are at high risk. Tribes are especially vulnerable to climate …

Continue reading “Climate Change and Indian Country”

Being Thankful for Environmental Progress

Environmentalists do a lot worrying, seasoned by dashes of anger and despair. Here are some things to feel good about instead.

Environmentalists have a tendency to focus on the environmental harm we haven’t been able to prevent and the frustrations of making further progress. Once in a while, though, it’s good to look at the progress we’ve made. Take a few minutes this holiday weekend to be thankful for some of this year’s steps forward on …

Continue reading “Being Thankful for Environmental Progress”

Coordinating Climate Policy

We have a White House climate czar. That’s not going to be enough.

The Inflation Reduction Act (IRA) creates a massive funding program for clean energy and other climate policies. This funding complements regulatory efforts at EPA elsewhere. Yet authority over energy policy is fragmented at the federal level. Without better coordination, there’s a risk that various policies will mesh poorly or operate at cross-purposes. And state governments, …

Continue reading “Coordinating Climate Policy”

Environment and Energy Impacts of the 2022 Election

The consequences will play out in D.C. and in some important states.

The President’s party typically does poorly in the mid-terms, Biden’s popularity is low, and Americans are upset about inflation. But the election didn’t produce the Republican wave many observers predicted in the last few weeks of the campaign. Although the GOP will likely control the House, the Democrats have held the Senate. Here’s where things …

Continue reading “Environment and Energy Impacts of the 2022 Election”

A Stealth Climate Bill

There’s more money for climate action tucked away in a must-pass bill.

Surprise! The lame-duck Congress is about to consider another bill with billions of dollars of spending for climate adaptation and emission reductions. Another surprise: the bill is named for Senator James Inhofe. In case you’ve forgotten, he’s the climate change denier who once took a snowball to the Senate floor to disprove climate change. You …

Continue reading “A Stealth Climate Bill”

Tomorrow’s Elections: What Enviros Should Watch For

Who will control the House and Senate — and why it matters. [WITH NOV. 10 UPDATE]

Will Biden be able to pass new climate legislation in the next two years? Will EPA be shut down due to budget disputes? Will he be able to add any new judges to balance Trump’s anti-regulatory appointees? Can Biden appoint new administrators to serve the next two years? How much will the Administration be hammered …

Continue reading “Tomorrow’s Elections: What Enviros Should Watch For”

The Supreme Court’s Earliest Pollution Cases

Long before Congress, a notoriously conservative Court started taking pollution seriously.

Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. That was in 1901. Six years later, the Court decided its first air pollution case. Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism. Quite the contrary. …

Continue reading “The Supreme Court’s Earliest Pollution Cases”

Do Trump-Appointed Judges Differ when Deciding Environmental Cases?

Student analysis identifies disparities in judicial outcomes

(This post was authored by Grayson Peters, a JD candidate at Berkeley Law and CLEE research assistant.) Do federal judges appointed by former President Trump rule differently in environmental disputes than judges appointed by other presidents? An analysis by two Berkeley Law students finds that they do in a few key areas of judicial decision-making. …

Continue reading “Do Trump-Appointed Judges Differ when Deciding Environmental Cases?”

Congrats to Ann Carlson on Taking Top Post at NHTSA

Steve Cliff returns to California ARB

Belated congratulations to our UCLA Law colleague Ann Carlson on taking the top post at the National Highway Traffic Safety Administration. Ann has been on leave from UCLA since being appointed as NHTSA’s chief counsel in 2021. She was recently tapped to be the Acting Administrator of the agency, filling the role that Steve Cliff …

Continue reading “Congrats to Ann Carlson on Taking Top Post at NHTSA”

Key House Races in California

Three seats are up for grabs, and the races are very tight.

Three U.S. House races in California are rated as toss-ups. They could well be part of a Republican wave in November. On the other hand, if the wave falters, these seats could be crucial to control of the House, or to how much of a Republican margin Kevin McCarthy will be able to work with …

Continue reading “Key House Races in California”

Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Region: National

The tribes are on the front lines of climate change.

Environmentalists do a lot worrying, seasoned by dashes of anger and despair. Here are some things to feel good about instead.

We have a White House climate czar. That’s not going to be enough.

The consequences will play out in D.C. and in some important states.

There’s more money for climate action tucked away in a must-pass bill.

Who will control the House and Senate — and why it matters. [WITH NOV. 10 UPDATE]

Long before Congress, a notoriously conservative Court started taking pollution seriously.

Student analysis identifies disparities in judicial outcomes

Steve Cliff returns to California ARB

Three seats are up for grabs, and the races are very tight.

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.