Mexico y el Cambio Climático
There is much to celebrate tomorrow on Cinco de Mayo. But probably not Mexican climate policy.
President Andrés Manuel López Obrador (generally known as AMLO) could be described as a left-leaning populist. Like other populist leaders, he has not been friendly to climate action. In November, Mexico ramped up its 2030 commitment under the Paris Agreement from 22% to 35%. That sounds like great news, but there may be less to this commitment than meets the eye. It may have been intended more as a public relations gambit than an international commitment, and som...
CONTINUE READINGThe Energy Transition and the Working Class
Is Biden right? Can we attack climate change while uplifting the lives of workers?
In most of the world, May 1 is International Worker’s Day. It celebrates the collective struggle of workers for better wages and working conditions. That made me start thinking about the efforts that have been made to unite climate action with the interests of workers. That has been a particular emphasis of the Biden Administration and is reflected in recent spending laws. From the start of his administration, Biden has linked jobs and workplace issues with climat...
CONTINUE READINGJob-Killing Rollbacks
The GOP debt ceiling bill is a dagger aimed at the American economy. (Not to mention the planet)
The debt ceiling bill passed by House Republicans would eliminate tax credits for new emissions credits for nuclear energy, renewable energy manufacturing, domestic sourcing of electric vehicle components, hydrogen production and extensions of the wind and solar production credits. It was a remarkable smackdown of American industry and, if enacted, a big win for foreign competitors in Asia and Europe. It will also eliminate many projected manufacturing jobs for America...
CONTINUE READINGSupreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big--if preliminary--legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which they attribute to the greenhouse gas emissions the companies' products have released into the atmosphere. ...
CONTINUE READINGTo Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment
by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann
After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and are intensifying. Historically, the amount of precipitation that falls in California has been more variable from year-to-year...
CONTINUE READINGThe Car Rule and the Major Questions Doctrine
Claims that the new rule violates the doctrine are groundless.
Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. No doubt the same attack will be made on the Administration ambitious proposed post-2026 standard. Maybe J...
CONTINUE READINGUnprecedented Legal Questions
The climate crisis is unprecedented. So is its legal fallout.
In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing courts in favor of greater rigidity by embracing backward-looking doctrines like textualism and originalism while disengaging from the Che...
CONTINUE READINGThe Debt Ceiling and the Environment
GOP demands would devastate environmental protection
Kevin McCarthy sketched the outlines of his opening demand to raise the debt limit last week, and the bill has now been released. If adopted, it would have a devastating impact on environmental protection and climate action. One impact would be budgetary – repealing much of the Inflation Reduction Act while kneecapping EPA’s ability to implement environmental laws more generally. McCarthy is also demanding regulatory changes that would foster fossil fuels and h...
CONTINUE READINGThree Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision
This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.
On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly awaiting this opinion, in the hopes that it would clarify the scope o...
CONTINUE READINGBuilding Climate Resilience in California’s Insurance Sector
New report recommends strategies to prepare industry for a changing climate and economy – plus interview with Insurance Commissioner Lara
California’s insurance sector faces significant risks from climate change. These include both the transition risks facing all financial institutions as the global economy shifts toward decarbonization, and the singular combination of physical risks–wildfire, drought, coastal hazards, extreme heat—that threaten California’s communities and businesses. Accurately assessing these risks will be vital to ensuring the long-term viability of the insurance market in C...
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