Vehicle Regulations on Trial
Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.
This week, the D.C. Circuit hears three cases challenging use of federal regulations to push adoption of electric vehicles and to allow California to forge path toward zero-emission cars. If all three cases go badly, the regulatory system would be disabled from playing a role in this area. This would be a huge setback, though there are reasons to think that it would only delay rather than prevent the transition to clean cars. Texas v. EPA In this case, rightwing stat...
CONTINUE READINGUpcoming Regulatory Cases in the Supreme Court
Two pending cases could result in big cuts to agency powers
Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of the law. Given the Court’s conservative supermajority, there’s a real threat to the power of agencies like EPA to issue regulations and enforce the law...
CONTINUE READINGAmazon Deforestation is Down. Here’s Why.
Elections, new government policies at the national and sub-national level, increased law enforcement, and technological advancements have contributed to climate gains in Brazil, Ecuador and beyond.
For several years, headlines about Amazon deforestation have all been bad. But in 2023 the script has been flipped and the good news keeps on coming. Good news in Brazil where deforestation in the Amazon declined 66.1 percent compared to last August. It’s the lowest level for the month of August since 2018 and it continues a downward trend. For the first eight months of the year, the rate of deforestation is 48 percent lower than the same period in 2022. Good...
CONTINUE READINGHow Major Corporate Fleets Can Drive Responsible and Sustainable EV Battery Supply Chains
New CLEE/Ceres report released today with recommendations for corporate EV fleet managers
The electric vehicle (EV) market is growing rapidly, but with this growth comes public pressure to ensure supply chains for EV batteries are sustainable. The soaring demand for batteries relies heavily on the extraction and refinement of critical minerals, processes that have far-reaching environmental and social impacts. Moreover, the global distribution of these operations leaves them susceptible to geopolitical instability, further complicating the supply chain. ...
CONTINUE READINGBowing to the Inevitable
The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.
On August 25, EPA and the Army Corps of Engineers (“the agencies”) issued a joint rule, which modifies their previous rule on federal jurisdiction under the Clean Water Act in order to conform with the Supreme Court’s Sackett decision. Sackett was a deeply misguided and harmful ruling — but it is nevertheless the law. The agencies’ new rule attempts to sync their existing approach with the Sackett decision while doing no more damage than necessary to the env...
CONTINUE READINGCan we make a map for wastewater innovation?
...or even a guidebook?
During one phase of my misspent youth, I travelled by bicycle in search of adventure and insight. (Hang with me, this relates to environmental management, and I’ll get to that soon.) On one tour, I started in Vietnam, ending up in Pakistan a couple years later, having made some detours and added other means of transport to the mix. When I started riding, I had a guidebook. It was exciting to immerse in culture, language, and so forth, but the guidebook provided empowe...
CONTINUE READINGThe Contradictory Attacks on Biden’s Climate Programs
“Job Killing” or “Overheating the Economy” -- Which Is It?
“Job-killing regulations” is a longtime conservative meme. That attack has now been joined by the claim that major new spending for clean energy is overheating the economy. The inflation claim is new, prompted by the passage of the 2021 Infrastructure law and the 2022 IRA. And if they were both right, the two problems would be offsetting. In fact, we might need even stricter environmental regulations to help cool the economy and cut inflation. There’s never ...
CONTINUE READINGClimate Change is Finally Heating Up Politics – But Not in a Good Way
Pitting defence of our ‘way of life’ against climate policies is a recipe for division and inaction
Climate impacts are growing rapidly in this El Niño affected summer. Despite calls to declare a climate emergency, President Biden has responded only with new measures to help Americans cope with extreme heat. The measures announced include hazard alerts, improved prediction of heatwaves, funding for air-conditioning and cool centers for low income groups, and guidance on enhancing tree canopy cover. These all help preserve the American way of life in the face of th...
CONTINUE READINGAnother Supply Chain Issue
Less exotic than rare earths but also needed: energy law teachers.
To make the energy transition work, we’ll need a lot more energy lawyers. That means a lot of energy law profs to teach them — many more than we have today. Law schools are waking up to the need to hire in the area. So if you’re thinking of law teaching, it could be worthwhile to dive into this field. Let’s start with the first question: why do we need more energy lawyers? Our basic strategy for the next phase of climate policy is to electrify everything p...
CONTINUE READINGWill More States Add Green Amendments to Their Constitution?
UCLA's Mary Nichols weighs in on the groundbreaking youth climate decision in Montana and the "drumbeat of litigation" that could follow.
Eight simple words helped youth plaintiffs in Montana win their landmark climate lawsuit against the state: "the right to a clean and healthful environment." The 103-page decision by a state court judge wades through loads of testimony and evidence, but it all comes back to that simple constitutional guarantee. A handful of other states have similar language, sometimes referred to as "green amendments," in their constitutions. Our colleague Julia Stein told NPR that ...
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