Biden Should Declare a National Climate Emergency
The Inflation Reduction Act is working after one year, but it’s not enough. Pres. Biden could supercharge the IRA with more executive action.
People love anniversaries. Or journalists do anyway. So, we’re seeing a lot of news stories assessing the Inflation Reduction Act, which Pres. Biden signed on Aug. 16, 2022. One year on, we have a clearer picture of what we vaguely knew already: the biggest-ever climate law and its robust tax incentives is igniting the clean energy transition but is not moving us off fossil fuels fast enough. Amplified by the dangerous, record-breaking July heat, we’re waking ...
CONTINUE READINGIs the Inflation Reduction Act Working?
Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding.
Happy birthday to the Inflation Reduction Act. It’s been nearly a year since Democratic lawmakers and the White House celebrated the passage of the biggest climate spending legislation in American history. But in many ways passage was the easy part. Exactly how the IRA continues to be implemented at the local, state, and federal level will help determine whether the U.S. can meet increasingly urgent climate goals, as well as benefit communities that historically ha...
CONTINUE READINGWhat Next for the Climate Tort Cases?
Cases against the oil companies are back to state court. It’s time to map out the next steps.
With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront. The oil companies will fight a scorched earth campaign, spending millions to contest every possible issue. Here are some of the major issues we can expect them to raise. Does a state court have jurisdictio...
CONTINUE READINGCalifornia Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court's ruling was predictable, given the Court's previous preemption decisions. However, it's a disappointment to the initiative's proponents and t...
CONTINUE READINGFinetuning the New NEPA Rules
CEQ’s proposal is good, but it could be made even better.
In Monday's post, I praised the CEQ’s proposed new NEPA regulations. They should streamline the process without compromising protection of the environment or environmental justice. I do have some suggestions for improvement, however, which are detailed below. Beyond my specific suggestions, I also hope that CEQ would view the new NEPA regulations as the beginning rather than the end of its efforts. Agencies have made their own attempts to streamline their proces...
CONTINUE READINGBiden’s Proposed Power Plant Rule is a Solid First Step
The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.
On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine emission limits based on “generation shifting,” or the closure of fossil fuel-powered plants in favor of cleaner s...
CONTINUE READINGE-bikes are a Climate Solution – Not a Menace
News stories that frame the rise of e-bikes as one big safety risk are not only short-sighted, they could lead to bad policy.
There’s a dangerous new mobility trend on American streets that’s captured the attention of the New York Times: e-bikes. Or so the Times, and some other media outlets, are suggesting with their editorial choices. “The e-bike industry is booming, but the summer of 2023 has brought sharp questions about how safe e-bikes are, especially for teenagers,” writes Matt Richtel in a long feature titled “A Dangerous Combination’: Teenagers’ Accidents Expose E-...
CONTINUE READINGEmergency? Part 5
Ending Deforestation
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make a significant difference, are doable, but require real sacrifice and hard choices: Ending financing of fossil...
CONTINUE READINGRevamping the NEPA Process
The White House 's proposed regulations will streamline the process while still protecting the environment.
Early on Friday, the White House’s Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its NEPA regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities. The proposal is a clear improvement over both earlier versions: 1978 rules issued by the Carter Administration, and 2020 rules issued by the Trump Administration. "Phase II "revisions we...
CONTINUE READINGThe Latest in the Mountain Valley Pipeline Case
The Supreme Court was right to overturn the lower court’s stay.
Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of shortcutting the normal appeals process. But this time I think the Court got it right. The issues revolved around Congress's in...
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