Region: National

The SEC’s Watered-Down Climate Rule

Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.

After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …

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Actually, EV Sales Are Right on Track

Don’t believe the current anti-EV spin.

There is a lot of talk about weak consumer demand for EVs — doleful from greens, triumphant from others. Maybe US carmakers have hit a few speed bumps –not surprising when trying to rapidly ramp up a product that’s new to most consumers.  But the reality is actually quite reassuring in terms of the U.S. …

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Misusing Carbon Removal as a Climate Response

Carbon removal is an alluring idea. That also makes it a tempting façade for bad policies.

It seems clear that in some form, carbon removal is going to be an important component of climate policy, especially later in the century to deal with carbon levels that overshoot the targets in the Paris Climate Agreement. The problem is not with the concept but with its misuse.    One of the risks that …

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RFK Jr. Joins the War on Climate Scientists

RFK Jr. has filled a top campaign position with an anti-vaccine activist named Del Bigtree who has called global warming “an enslavement system.”

Robert F. Kennedy Jr. made headlines when a Super PAC supporting his presidential bid ran a pricey Super Bowl ad, stealing the look of a famous 1960 spot for his uncle John F. Kennedy. But he got far less attention for another move that says a lot about his campaign: He has tapped Del Bigtree …

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The Problems with the SCOTUS ‘Good Neighbor’ Arguments

Guest contributors Megan Herzog and Sean Donahue write that last week’s argument in the case of EPA’s Good Neighbor Rule shows the perils of agency rulemaking cases on the Supreme Court’s shadow docket.

Megan M. Herzog (former Emmett/Frankel Fellow at UCLA School of Law 2012-2016) and Sean H. Donahue are partners at Donahue, Goldberg & Herzog, which represents the Environmental Defense Fund, a Respondent-Intervenor in the Good Neighbor Rule litigation.   Last Wednesday, the Supreme Court did something it has done only three times in the last half-century—it heard …

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America’s Leading Environmental Court

Hint: It’s in the southernmost state.  Which is not Florida.

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention.   It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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Delivering Workforce Benefits in an Emerging Industry

Observations on the workforce development provisions in the California Energy Commission (CEC) draft Offshore Wind Strategic Plan

California’s offshore wind (OSW) industry is transitioning from planning to implementation in a statewide effort to deliver 2-5 GW clean energy by 2030. In support of this goal, the California Energy Commission (CEC) released a draft of its Assembly Bill 525 Offshore Wind Strategic Plan (the Plan). In a nascent industry with complex community interests …

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Ranking Presidents on Climate Change

Seven presidents, seven very different legacies.

Although a 1977 memo alerted Jimmy Carter to the problem of climate change, the first tentative responses to climate change didn’t emerge until he left the White House. Since then, there have been seven very different men in the White House.  You may find the rankings surprising. Here’s how I would rank them, from best …

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I ♥ IRA

Yes, the IRA has flaws. But it was a really unexpected breakthrough for US climate policy.

Call me eccentric, but this is my Valentine to a federal statute, the Inflation Reduction Act, better known as the IRA. No one really expected IRA to pass. A version of the Green New Deal had passed the House. But the Democrats had only a one-vote margin in the Senate, and that one vote was …

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