A New Birth of Housing?

Omnibus' "Baby YIMBY" Bill Offers An Opportunity For Cities -- And For Advocates

Tucked deep inside the massive Omnibus bill is what has been called the "Baby YIMBY" provision -- an $85 million grant program, to be administered by HUD: The bill provides the U.S. Secretary for Housing and Urban Development (HUD) with $85 million to dole out on a competitive basis to jurisdictions for "the identification and removal of barriers to affordable housing production and preservation." The secretary, currently Marcia Fudge, would have wide discretion to s...

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A Dangerous Disruption

A startup firm proposes to sell dubious carbon credits from stratospheric aerosol injection

Last week, MIT’s “Technology Review” reported that a small startup firm is proposing to spray reflective aerosols in the stratosphere commercially as a climate corrective. (Stratospheric Aerosol Injection or SAI.) Previously announced online in the Google Geoengineering Group, the firm is small and new, operating with a claimed total of $750K of venture financing. They say they have thus far launched two small weather balloons, which each released a few grams of su...

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The Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022

Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit's Prodigious Environmental Docket This Year

I've shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is--after the U.S. Supreme Court--the most influential court in the nation when it comes to environmental and natural resources law.  That's true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and several territories in the Western United States that together generate considerable environmental litigation. ...

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Reflections on a Century of “Regulatory Takings” Law

A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth

One hundred years ago this month, the U.S. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts.  In the December 1922 decision Pennsylvania Coal Company v. Mahon, a divided Supreme Court created the constitutional doctrine of "regulatory takings." A bit of background is required to understand the significance of the Pennsylva...

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That Was The Year That Was

The Biggest Environmental Stories of 2022

A lot has happened on the environmental front. Here are the biggest stories of 2022. Congress passed the Inflation Reduction Act, providing $369 billion in tax credit and spending to reduce carbon emissions. California banned the sale of new gas cars in 2035, with several other states now agreeing to follow suit. The Democrats lost control of Congress, eliminating the chances for significant climate/energy legislation in the next two years. The Supreme Cour...

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Methane Action in 2022: Project Climate’s Year In Review

A short summary of efforts to tackle the super pollutant.

Co-authored with Gil Damon, CLEE Methane Research Fellow.  2022 proved to be a big year for methane—the flammable gas that accounts for 30 percent of Earth’s anthropogenic warming. Methane forms when organic material decomposes in sealed spaces and is released in the agriculture, waste disposal, and energy sectors. In terms of warming, methane is a staggering 84 times more potent than carbon dioxide, over a 20 year period. However, because this gas has a relative...

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The Most Important Environmental Story Of The Week

Fossil Fuel Interests Corrupt Media

No, it’s not the Biden Administration’s successful push to electrify tens of thousands of USPS vehicles. It’s how Matrix LLC, a consultant in the southeast with significant investments in the energy sector, made massive payments to local media outlets to slant their coverage in favor of dirty power and exorbitant electricity rates. Consider Alabama Power, which runs and owns a coal-fired power plant that is the largest single source of carbon dioxide emissions i...

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Climate Rides the Omnibus

An image of the U.S. Capitol Building in the evening.

The year-end law gives a boost to climate-related spending

The omnibus spending bill is by no means a “climate law.”  Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming normalized as a political consideration. One significant provision relates to agriculture. It provides for private contributions to existing funds “fo...

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Keep on Trucking

A new rule will clean up exhaust from new diesels, a major health threat.

Last week, EPA finalized its new rule imposing emission limits on new heavy trucks. The new regulation was clearly a massive undertaking. EPA’s formal announcement of the new rule is 1100 pages long. The accompanying summary of comments on the proposed rule and EPA’s responses is another 2000 pages. This is partly due to the complexity of controlling emissions from trucks, given that there is no equivalent of the catalytic converter for diesels. EPA’s analysis o...

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A Great Victory For Electric Cars

But Beware: Neanderthal GOP Judges Are Waiting To Strike It Down

With all the attention being paid to Volodymyr Zelenskyy’s visit to Washington, and the release of the January 6th Committee, you might have missed the (second) most important environmental story of the week: The U.S. Postal Service will buy 66,000 vehicles to build one of the largest electric fleets in the nation, Biden administration officials announced Tuesday, turning to one of the most recognizable vehicles on American roads — boxy white mail trucks — to figh...

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