National Archives - Page 51 of 180

Region: National

Expertise versus Politics Under Biden

Experts will no longer be pariahs under Biden. But will their voices be heard?

One of the abiding issues in governance is the balance between democratic leadership and experts. We don’t want government solely by technocrats. Nor do we want government steered solely by ideology and politics, as under Trump. Biden will be a vast improvement, but there’s still some question about whether he’ll get the balance right. I …

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Peer Production of Climate Action

Wikipedia and climate actions by cities and states have more in common than you might think.

Wikipedia is celebrating its twentieth birthday. When it was launched, this effort to create an encyclopedia seemed like a joke compared with Microsoft’s big-money effort, which was called Encarta. Encarta is long gone but Wikipedia has thrived beyond anyone’s expectations. Today, Wikipedia has fifty-five million entries, with 270,000 active editors a month. While imperfect, the …

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Hydrogen — Fuel of the Future?

Using this tiny molecule for energy may be key to decarbonization.

As it has more than once in the past, hydrogen has become a hot topic in climate policy circles. Although widespread use of hydrogen is probably a decade away, there’s a lot of excitement about the prospect. The fundamental appeal of hydrogen as an energy source is that it produces water rather than carbon dioxide …

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Renewable Energy in the Midwest

Under Trump, it’s been a mixed picture, with progress except in two states. What were Midwestern states doing during the four years Trump was busy promoting fossil fuels? States with Democratic governors are making progress. Of the three states under unified Republican control, two are trying to prop up coal. Ohio has decreased support for …

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No Way, Norway!

General Motors goes big on Super Bowl Sunday

General Motors appears to be going all in with its transition to an electric vehicle (EV) fleet. Last week, GM dropped the bombshell announcement that it planned to stop making gas-powered cars, trucks and SUVs by 2035. While not the market force it once was, GM still accounted for 17% U.S. auto market share in …

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Liberal Judges Embrace Textualism

Why are these judges suddenly so enthusiastic about Justice Scalia’s approach to reading statutes?

Two of Trump’s major regulatory efforts were recently thrown out by the D.C. Circuit. The liberal judges who wrote the opinions latched onto a conservative theory called textualism, which was most prominently advocated by Justice Antonin Scalia. While judges in an earlier era tried to interpret Congress’s intent in writing a law, textualists focus solely …

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Three of Yesterday’s Stories of Climate Progress

There was Biden’s Executive Order, of course. And two other things. Or maybe three.

Yesterday, I read three encouraging stories about the U.S. and climate change. One was about action by the federal government, one about action by the states, and one about action by the private sector. The biggest news was from the federal government, in the form of Biden’s Executive Order on Tackling the Climate Crisis at …

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Justice Breyer’s Nuanced Voice for the Environment

Not much for rhetoric, but a reliable vote for environmental protection.

Given Justice Breyer’s announced retirement, it seems like a good time to assess his contribution to environmental law. When Bill Clinton nominated him for the Supreme Court, there was a great deal of uneasiness among environmentalists about Justice Breyer. As an academic, he had sounded a cautious note about government regulation, calling for more deliberation …

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The Controversial Congressional Review Act

Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He …

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Renewable Energy in the Carolinas

While we were focusing on DC, there has been a lot of action at the state level.

Trump has dominated the national conversation for the past four years. While our eyes were on his efforts to rollback climate action, a lot has been happening at the state level. This post is the one of an episodic series of posts on state renewable energy policy. Today, the focus will be on North and …

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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.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

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

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

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

Understanding Loper: The Primacy of Skidmore

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

Understanding Loper: The Grandfather Clause

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

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Region: National

Experts will no longer be pariahs under Biden. But will their voices be heard?

Wikipedia and climate actions by cities and states have more in common than you might think.

Using this tiny molecule for energy may be key to decarbonization.

General Motors goes big on Super Bowl Sunday

Why are these judges suddenly so enthusiastic about Justice Scalia’s approach to reading statutes?

There was Biden’s Executive Order, of course. And two other things. Or maybe three.

Not much for rhetoric, but a reliable vote for environmental protection.

Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.

While we were focusing on DC, there has been a lot of action at the state level.

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.

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

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

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