New Bill Takes Up Local Oil Drilling Phase-Outs
Oil and gas interests want to weaponize new case law from the California Supreme Court. AB 3233 would clarify the scope of local authority over drilling operations.
When the California Supreme Court ruled last August that Monterey County could not enforce its voter-approved ban on new oil and gas wells, lawyers for Chevron said the company was “pleased” to end the 7 years of litigation. Monterey County is home to the eighth-largest oil field in California, so there was plenty at stake on the face of the case. But this legal battle was about much more than the San Ardo Oil Field; it was the latest in a line of coordinated legal e...
CONTINUE READINGChevron Gets the Headlines, But State Farm May Be More Important
The abortion pill case could undermine the authority of agency’s expert judgments.
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to defer to an agency’s expert judgment unless its reasoning has ignored contrary evidence or has a logical hole. As you probably already know, two cases now before the Court will probably result in abandoning or revamping Chevron. But the “abortion pill” case that will...
CONTINUE READINGCritical Insights on the Mineral Boom: Part III
On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.
The topic of critical minerals and the energy transition is one of choices and priorities, at least according to author and journalist Ernest Scheyder, who spoke at the second panel in our recent “Powering the Future” symposium. This panel, Critical Minerals and Global Supply Chains, discussed some of the fundamental choices that governments, industry, and individuals have made and will make in the coming years to facilitate the energy transition. It also spoke t...
CONTINUE READINGThe New EPA Car Rule Doesn’t Violate the Major Questions Doctrine
They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.
In West Virginia v. EPA, the Supreme Court struck down the Obama-era Clean Power Plan. The heart of the ruling was that EPA had engaged in a power grab, basing an unprecedented expansion of its regulatory authority on an obscure provision of the statute. Conservative groups have claimed since then that virtually every government regulation raises a major question. But the doctrine cannot be read that broadly. In particular, the doctrine does not apply to the emi...
CONTINUE READINGHow Can Cities Deliver Equitable EV Charging to the Curbside and Public Right of Way?
New CLEE Report Presents Case Studies and Elevates Key Strategies
As California and other states transition to one hundred percent zero-emission new vehicle (ZEV) sales by 2035, local governments will play a crucial role in addressing inequities in the ZEV transition. Limited access to abundant and reliable charging equipment remains a key barrier to ZEV adoption for all, and city governments can lead efforts to broaden charger availability. Specifically, cities can help coordinate stakeholders, streamline permitting processes, and ele...
CONTINUE READINGCritical Insights on the Mineral Boom: Part II
A vision to ensure enforceable community benefits from mineral extraction: Insights from the Emmett Institute’s “Powering the Future” symposium.
"Voice, agency, and meaningful compensation." Those are the things that California Tribal Affairs Secretary Christina Snider-Ashtari said must be granted in exchange to some communities bearing the brunt of the energy transition and the new mineral boom, as recounted in Part One of this series. All week, my colleagues and I are sharing summaries, outcomes, and insights from our recent "Powering the Future" symposium. Panel Three, "Community Impacts of Critical Min...
CONTINUE READINGThe Changing Politics of Coal
Coal has gone from a national conservative rallying cry to a niche state concern.
The “War Against Coal” was a major conservative theme eight years ago. Now it seems almost forgotten even by Donald Trump, who was once coal’s caped crusader. But although protecting coal production is no longer much of a national issue, keeping coal-fired power plants open has percolated as an issue at the state level. It remains to be seen how long increasingly uneconomic coal generators remain online. In 2016, Trump was all in for coal. Donning a miner’...
CONTINUE READINGCritical Insights on the Mineral Boom
In the race for critical minerals, the challenges, tradeoffs, and potential winners are becoming clear. Insights from the Emmett Institute's "Powering the Future" symposium.
A couple hundred miles north of the Las Vegas strip at Rhyolite Ridge you’ll find a dusty yellow wildflower called Tiehm’s buckwheat that grows nowhere else in the world. But this flower sits atop a massive, untapped lithium reserve that would help the U.S. transition to cleaner energy. Now, what if you had to choose between approving this much-needed mining operation and preserving this unique flower? In a way, you do have to choose. We all do. We’re in a...
CONTINUE READINGReplacing McConnell
If the GOP flips the Senate, who will lead them on environmental issues?
Who will lead the Senate in 2025? The odds are that it will be a Republican. Democrats have a slim margin and face some close races, while all the GOP seats seem secure. That makes the question of who will replace Mitch McConell as GOP leader all the more important for climate and energy policy. Here are two top possibilities. Neither of them is by any stretch of the imagination an environmentalist. Yet you have to say one thing in their favor: neither is half as ...
CONTINUE READINGHow to Cooperate with China on Climate
A conversation with Joanna Lewis about what has worked, and what hasn’t, when it comes to bilateral climate cooperation with China.
China is the world’s largest producer of both CO2 emissions and green technology to cut those emissions. It installed more solar panels last year than the U.S. has in its history, and yet keeps building coal-fired plants too. And Chinese officials just announced that the country will accelerate the construction of solar, wind and hydropower. So, China plays an outsized and even paradoxical role in deploying clean energy technologies to address the climate crisis. ...
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