National Archives - Page 33 of 180

Region: National

Will the Supreme Court Gut the Clean Water Act?

We’re about to find out in an upcoming case.

What wetlands and waterbodies does the Clean Water Act protect? Congress failed to provide a clear answer when it passed the statute, and the issue has been a bone of contention ever since. The Biden Administration is in the process of issuing a new regulation on the subject. Normally, you’d expect the Supreme Court to …

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Two and a half cheers for the IRA

Climate legislation sets the stage not just for decarbonization now, but greater policy success later on

The announcement of the legislative deal (the Inflation Reduction Act of 2022) between Senator Joe Manchin (D-WV) and the Democratic Senate leadership was a bid deal in climate policy. The legislation relies on the reconciliation process, allowing it to pass with a simple 50 votes (plus Vice President Harris’ tie-breaker vote). The legislation provides for …

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Environmental Law in US Law Schools

There are strong programs in schools up and down the pecking order.

Although I’ve taught environmental law for a long time, my knowledge of the programs at U.S. law schools is pretty hit or miss. In the hope of finding out more, I did a quick survey of U.S. schools. The results make it clear that environmental law has a foothold at law schools of all kinds. …

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The climate bill and oil and gas leasing

Provision in big climate bill that mandates oil and gas leasing on federal lands has limited reach

The big news in climate policy this past week was Senator Joe Manchin (D-WV) signing off on a deal with the Democratic Senate Majority leader, Chuck Schumer, to spend hundreds of billions of dollars on climate investments – the bill is catchily called the Inflation Reduction Act of 2022. I’ll take a look at the …

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Climate Adaptation Moves Toward Center Stage

There’s an increasing bipartisan move to fund climate resilience.

The big news today is the deal with Manchin to provide billions of dollars of funding for clean energy. Manchin’s vote will be needed because no Republican Senator will vote for the bill. In contrast, funding for climate resilience has drawing power even for Republicans. It seems to be true that, in Bob Dylan’s words …

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Taking A Data-Driven Tour of Air Pollution Law

After Half a Century, What Do We Really Know about the Impacts of the Clean Air Act?

Earlier this year, a team of economists published a retrospective paper on the Clean Air Act. It surveys the economic literature to find out what the data tells us about emission trading systems, the effects of pollutants, and effects of imposing tougher regulatory requirements in areas that failed to meet national air quality standards. Some …

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What the Supreme Court Left Standing

No, the Court didn’t eliminate EPA’s ability to fight climate change.

The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. Here’s the EPA authority the Court hasn’t touched: EPA’s jurisdiction over greenhouse gases. …

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Declaring a Climate Change Emergency: A Citizen’s Guide

Would it be legal to declare a national emergency for climate change? Would it be useful? Here’s what you need to know.

Based on press reports, it now seems likely that Biden will soon declare climate change to be a national emergency. Would this be legal? Would it unlock important powers that could be used to fight climate change? My answers are: It would probably be legal, and it would unlock some significant powers. But an emergency …

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Stanford’s Sustainability School: A Good Model?

There are pros and cons, but it makes sense to bring the university org. chart into the 21st century.

In my last post, I wrote about universities like Stanford that are creating new programs in sustainability. Stanford’s move may inspire others to follow. There are pros and cons, but it seems inevitable that the organization of universities will ultimately take account of one of the biggest problems facing humanity. Administrative reorganizations, whether in government, …

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Stanford and Beyond

Organizing Universities Around Sustainability

In May, Stanford grabbed headlines by announcing a billion dollar gift to launch a new School of Sustainability. There hasn’t been much written about the details of Stanford’s effort, or about what other schools are doing along similar lines. There’s little in the way of systematic information, but there does seem to be a lot …

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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

We’re about to find out in an upcoming case.

Climate legislation sets the stage not just for decarbonization now, but greater policy success later on

There are strong programs in schools up and down the pecking order.

Provision in big climate bill that mandates oil and gas leasing on federal lands has limited reach

There’s an increasing bipartisan move to fund climate resilience.

After Half a Century, What Do We Really Know about the Impacts of the Clean Air Act?

No, the Court didn’t eliminate EPA’s ability to fight climate change.

Would it be legal to declare a national emergency for climate change? Would it be useful? Here’s what you need to know.

There are pros and cons, but it makes sense to bring the university org. chart into the 21st century.

Organizing Universities Around Sustainability

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.