Region: National

Rescuing FEMA (and ourselves)

FEMA needs to grow in order to handle its work. The need for growth will only get greater as time goes on.

2021 was a year of disasters, with extraordinary heat waves, fires, a string of hurricanes, a  cold snap that left Texas in the dark, winter tornados, and torrential rains. FEMA has been left badly overstretched. That’s an urgent problem, and it’s likely a foretaste of the future. This is not just a problem for the …

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Everyday Christmas: The Gift of the Commons

Clean air. Clean water. We receive these public goods every day without payment

One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. George Bailey, Stewart’s character, is despondent about his life but then learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming, if also a bit corny. There’s a flip side to that story: the need to remember …

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On the Frustrations of Climate Politics

It’s not just the shortcomings of Joe Manchin.  Climate legislation is an inherently tough political challenge.

Yesterday, Joe Manchin announced that he couldn’t support the Build Back Better reconciliation bill. Unless Biden can somehow coax him back to the negotiating table, that dooms what would have been a major breakthrough in climate policy.  Manchin bears responsibility for this deeply regrettable decision. But climate legislation is hard, even in more favorable political …

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Remembering Electric Vehicle Pioneer Ryan Popple, 1977-2021

Former Proterra CEO was a major contributor to UC Berkeley/UCLA Law EV report

Ryan Popple, former CEO and co-founder of electric bus company ProTerra, venture capitalist for transportation electrification, early Tesla employee, Iraq War veteran and father of three, passed away on Wednesday night at the age of 44, for reasons unknown. I had the good fortune to meet Ryan back in 2012, when UC Berkeley Law and …

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The Renaissance of Energy Law

An esoteric field of law has become exciting and important.

Energy law used to be an obscure niche subject. It was devoted to subjects like oil and gas leases, the proper inflation adjustments in utility rates, and depreciation schedules for power plants. Utilities were famously set in their ways, using nineteenth century technologies to produce and deliver their products. Only specialists really paid much attention. …

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Losing Justice Hobbs, Western Water Expert and Valued Mentor

View of the South Platte River from the Waterton Canyon Trail. Photo by Nell Green Nylen.

When former Colorado Supreme Court Justice Gregory J. Hobbs passed away recently, just weeks shy of his 77th birthday, he left a gaping hole in the hearts of many.  Not just family and close friends.  But people across the Colorado legal community, the broader Western water community, and a far-flung network that includes Berkeley Law …

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Arguments over Solar Geoengineering Research

Science Magazine weighs in

Doing research on environmental issues or responses is usually an easy call for policy-makers and gets wide political support, even if there’s disagreement what to do about the issue. But there is now one big exception: research on solar geoengineering (SG).  SG would cool the Earth, temporarily and imperfectly offsetting some of the climate effects …

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Cornhuskers Go Green

Nebraska has become the first solid Red state to adopt climate targets

Last week, Nebraska became the first state under complete Republican control to adopt a 2050 goal of net-zero emissions from the grid. No Democratic presidential candidate has carried the state in almost fifty years (and the last previous time was before World War II). Republicans have controlled the state legislature and governor’s mansion since this …

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What Should EPA Do After Repealing the Clean Power Plan?

The CPP has been overtaken by events, but EPA does have some options.

My last post argued that EPA should immediately repeal the Obama Administration’s Clean Power Plan. The Plan was Obama’s signature climate policy. It attempted to move away from fossil fuels and toward zero-carbon sources like solar power to supply electricity. The Plan  has been overtaken by later events, and it seems clear that the Supreme …

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It’s Time to Repeal the Clean Power Plan

The CPP no longer serves any useful purpose, and keeping it on the books invites mischief by the Supreme Court.

The Clean Power Plan (CPP) was the Obama Administration’s signature climate effort. This 2015 regulation aimed to move state power grids away from coal and toward renewable energy. It immediately became ensnared in litigation and never went into effect. It’s now considered irrelevant for all practical purposes. Yet the Supreme Court is now set to …

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