California’s Most Important Climate Bill You Haven’t Heard Of
Parking reform on Gov. Newsom's desk could deliver major environmental & equity wins
It took a decade, but the California legislature has finally delivered to the governor one of the most critical climate and equity bills in the country. No, it's not mandating carbon neutrality or increasing renewable energy. It's finally ending local mandates that all new housing and infill projects must include car storage, even if they're located within half-mile of transit. AB 2097 (Friedman) builds on work dating back to 2011 (I blogged about then-Assm. Skinner's...
CONTINUE READINGClimate Policy: What’s Happening at the State Level?
Important developments in late summer, some impacting multiple states.
States have played a critical role in U.S. climate policy. The federal government is now supporting that role with federal funding for states. In the meantime, a number of states have moved a step further in plans to phase out gas and diesel vehicles. Two key states have ramped up their plans for carbon neutrality, while offshore wind made a big step forward in the Midwest of all places. The first of these developments is federal support for states. The Infrastructu...
CONTINUE READINGJobs and Environmental Regulation
"Job-killing regulation"? That's not really what the evidence tells us.
Labor Day is a good time to talk about an important topic: the impact of environmental regulation on jobs. This is a clearly a fraught issue. In support of his deregulation campaign, President Trump promised to “cancel every needless job-killing regulation and put a moratorium on new regulations until our economy gets back on its feet.” Biden, on the other hand, has said that “creating jobs and tackling climate change go hand in hand.” As illustrated by Trump’s...
CONTINUE READINGA Design Flaw in the Clean Air Act
Why have technology-based standards if you have air quality standards?
The Clean Air Act has two kinds of standards. It sounds like having two kinds of standards should improve air quality more than a single standard. But in reality, one type of standard can result in canceling out the benefits of the other type. If you understand the statute, this is actually pretty obvious once you stop to think about. I have to admit, however, that I hadn’t stopped to think about it until today, even though I’ve taught this stuff dozens of time. W...
CONTINUE READINGDoes the New Climate Law Expand Regulatory Authority?
It’s not the game changer some people think, but IRA could help in several ways.
There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA. The answer to that is probably "no." However, some IRA provisions will help lawyers defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. Finally, it could help California’s claim of authority to phase out gas and diesel. EPA authority. The argu...
CONTINUE READINGThe Inflation Reduction Act and California Offshore Wind
There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265
Various measures in the Inflation Reduction Act (IRA), signed into law on August 16, 2022, create new momentum for offshore wind in California. However, as with all things in life, it’s never that simple. In this case, the IRA ties offshore wind (OSW) leases to offshore oil and gas auctions and prevents OSW leases from being issued until millions of acres in offshore oil and gas leases have been offered through at least one sale. However, because the IRA also require...
CONTINUE READINGNow You’re in Law School. What Should You Take?
There’s more than one path to environmentally meaningful work.
On Monday, I explained why this is an especially urgent time for new law students to be thinking about the climate crisis and how they can contribute as lawyers. The next question is how to prepare for that work. Here's what I would say to a student in that position: The first thing to realize is that you can make a contribution without being an “environmental lawyer” in the conventional sense. If you do corporate work, you can focus on ESG (Environment, Soc...
CONTINUE READINGA Three-Prong Attack on Carbon Emissions
A trio of new laws will power the energy transition.
Passage of IRA was clearly a big deal, with nearly $380 billion devoted to climate and other environmental issues. But IRA is only one of the three big climate bills passed in the ten months. The three represent a concerted effort to accelerate the energy transition. The earliest was the Infrastructure Act last November. In early August, Congress followed up with the CHIPS law, and of course the grand finale was the IRA a few weeks later. The Infrastructure A...
CONTINUE READINGDear 1L . . .
You couldn't have picked a more critical time to come to law school, for the country, the planet, and our future.
Dear 1L: You’ve gotten to law school at a crucial time for the future of the planet. The good news is that you’re arriving at a pivotal point when your work as a lawyer can make a big difference. The bad news is that we have a dwindling amount of time to get the situation under control. You’ll need to plunge right into the issues as a lawyer if you’re going to contribute. At the end of environmental law courses, I used to tell students about the role t...
CONTINUE READINGMaking Fossil Fuels Pay for Their Damage
A carbon tax doesn’t seem to be in the cards. Maybe a clean-up tax would fare better.
Production and combustion of fossil fuels imposes enormous costs on society, which the industry doesn’t pay for. I want to talk about some options for using the tax system to change that. One option, a tax on carbon dioxide emissions, gets the most attention but seems politically impossible. The closest we've ever come to a carbon tax is a limited fee on methane emissions under the new IRA law. A more promising alternative might be a clean-up tax on the fossil fu...
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