Region: National
Climate Change and Black History
Some important people in the climate arena are Black. But there are far too few of them.
Since this is Black History Month, I thought it would be appropriate to talk about some of the prominent contributions by Blacks to understanding and addressing climate change. Blacks are badly underrepresented in STEM fields such as atmospheric science and in environmental groups, but there are some important exceptions.(STEM stands for ‘Science, Technology, Engineering, and …
Continue reading “Climate Change and Black History”
CONTINUE READINGWhich Front Runner Would Be Better for the Environment?
The three front runners have track records, but they’re not easy to interpret.
Currently, the press seems to view Judges Michelle Childs, Ketanji Brown Jackson, and Leondra Kruger as the front runners to replace Breyer. That may shift over the next month, but it seems worthwhile to give these three a closer look. They’ve all decided environmental cases while on the bench. I assume most readers don’t want …
Continue reading “Which Front Runner Would Be Better for the Environment?”
CONTINUE READINGThe Black Box of OIRA
OIRA oversees the whole regulatory state. We probably know more about the inner workings of the CIA.
The Office of Information and Regulatory Affairs (OIRA) oversees government regulation across the federal government. Some portray it as a guardian of rationality, others as biased in favor of industry. Public information about OIRA is so limited that it’s impossible to know one way or the other, due to the veil of secrecy that surrounds …
Continue reading “The Black Box of OIRA”
CONTINUE READINGJustice Breyer’s Nuanced Voice in Environmental Law
In a thoughtful, undramatic way, Breyer has turned out to be a valuable supporter for environmental regulation.
Given Justice Breyer’s announced retirement, it seems like a good time to assess his contribution to environmental law. When Bill Clinton nominated him for the Supreme Court, there was a great deal of uneasiness among environmentalists about Justice Breyer. As an academic, he had sounded a cautious note about government regulation, calling for more deliberation …
Continue reading “Justice Breyer’s Nuanced Voice in Environmental Law”
CONTINUE READINGDefending EPA’s Authority to Fight Climate Change – at the Supreme Court
Sean Hecht and Ted Lamm co-author amicus brief on behalf of Clean Air Act expert Tom Jorling
This week, Sean Hecht and I filed an amicus brief at the Supreme Court in West Virginia v. EPA in defense of EPA’s authority to effectively regulate greenhouse gas emissions under the Clean Air Act. Our client is Tom Jorling, a former Senate staffer and EPA official who was directly involved in drafting the Act …
Continue reading “Defending EPA’s Authority to Fight Climate Change – at the Supreme Court”
CONTINUE READINGOne Year and Counting
How does Biden’s first year compare with Trump’s? Biden has been much more effective.
If you compare Biden’s performance with his promised agenda, the first year has been disappointing. If instead you compare him with his predecessor, Biden has done more to achieve his environmental goals. The difference is that Trump was judged on the basis of his rhetoric, while Biden is judged based on his achievement. Four years …
Continue reading “One Year and Counting”
CONTINUE READINGNew Report: How to Reduce Rail Transit Construction Costs and Timelines
New CLEE study recommends options for better project delivery in California and beyond + expert webinar January 27
A new study from the Center for Law, Energy and the Environment (CLEE) at UC Berkeley School of Law released today identifies the primary factors underlying cost and schedule overruns for rail transit construction and presents policy recommendations to overcome key barriers. Improving rail transit delivery is critical for meeting climate and equity goals, given …
Continue reading “New Report: How to Reduce Rail Transit Construction Costs and Timelines”
CONTINUE READINGMore on How the Vaccine Mandate Cases May Impact Climate Policy
How much is the Court likely to prune back EPA’s powers?
In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions. I think it’s worth unpacking both the Court’s opinions a little more and the issues at stake in a pending climate change case, West Virginia v. EPA. The Court ruled in …
Continue reading “More on How the Vaccine Mandate Cases May Impact Climate Policy”
CONTINUE READINGThe Least Surprising Disaster in History
Some disasters come as shocking surprises. Climate change is the opposite.
Whatever you want to say about climate change, you can’t say we’ve been blindsided. The US has had decades to take action against climate change, and we spent nearly half that time deliberately making things worse. Scientists have had reasons for concern about climate change for over a century, and the first government report on …
Continue reading “The Least Surprising Disaster in History”
CONTINUE READING1990: The Year the Courts Discovered Climate Change
Cases were few, but one judge was years ahead of her time.
In an earlier post, I tried to figure out when the legal academy first discovered climate changes. As it turns out, it was almost a decade later when the federal courts took notice. Those first climate change cases shed light on how new issues get litigated and how courts respond to new science. My research …
Continue reading “1990: The Year the Courts Discovered Climate Change”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
