National Archives - Page 75 of 180

Region: National

Charging Consumers for Imaginary Power Needs

FERC is distorting energy markets in the name of perfect competition.

Last year, the GOP majority on FERC decided that state clean energy policies were distorting energy markets in the country’s largest grid region. Because they provided incentives for power producers, FERC ruled, those policies should be considered subsidies. It directed grid operators to introduce new policies to counter those subsidies and halt the dreadful onslaught …

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Climate Change and the Financial Industry

How is one of the world’s largest industries responding to climate change?

As of 2018, the U.S. financial industry contributed $1.5 trillion to GDP. How is the financial sector responding to climate change? The short answer is “slowly so far, but there are signs of progress.” For instance, just last Friday, the NY Times reported that European Central Bank began a strategy review with climate change on …

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Can the Center Hold?

The Challenge to Mainstream Environmentalism

Is environmentalism facing a paradigm shift? Since the 1970s, mainstream environmentalists, lawyers, and scholars have sought incremental progress based on established law and political realities. But frustration with that approach is palpable. The face of climate advocacy is now seventeen-year-old activist Greta Thunberg rather than Establishment politician Al Gore. And there is growing frustration with …

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Deciding a Climate Case in the Shadow of the Supreme Court

Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision

The irony of the Ninth Circuit decision dismissing the Juliana v. United States case this week is plain to see. Two branches of government — the legislative and executive – have failed to act to address an environmental problem that may cause the destruction of the federal government itself. The third branch, the judiciary, recognizes the …

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Pricing Carbon: What Does It Actually Accomplish?

Pricing carbon may not work the way economists thought.

In theory, pricing carbon should incentivize emissions reductions. In reality, it is unclear to what extent that takes place unless the carbon price is very high. This is not to say that pricing carbon is useless, but the main benefits may take different forms. Basically, there are two ways of putting a price on carbon. …

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Looking Ahead: Inauguration Day, 2021.

There are 3 plausible scenarios for the new balance of power.

Inauguration day is a year from today. What will the balance of power be then? The House doesn’t seem to be in play. Democrats have an uphill fight to win the Senate, so a GOP White House would probably mean a GOP Senate. That leaves three likely scenarios, with different implications for environmental law. Scenario …

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Juliana and the Future of Climate Litigation

Asking judges to pass judgment on all U.S. energy policy was a bridge too far.

The Ninth Circuit threw out the Juliana litigation this morning. The two judges in the majority basically said, legalistic language, that you can’t get the Green New Deal by court order. It was wrong for the Supreme Court to step in at the last minute to put the trial on hold, rather than giving the …

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Congress Mandates Pentagon Climate Action

The GOP’s climate denial doesn’t extend to DOD.

Everyone says climate laws can never pass Congress. But there’s a major exception. Each year since Trump took office, Congress has passed climate legislation as part of Defense Department spending. Trump has signed all of those laws. In 2017, there was a congressional finding that climate change is a threat to national security. In 2018, …

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Dark Waters in Dark Times

Citizen Petition Presses EPA To Call Chemicals in Environmental Docudrama “Hazardous Waste”

This holiday season, A-list actors drew moviegoers to a film with a distinctly un-Hollywood plot line: A company dumps thousands of pounds of toxic, long-lived chemicals (PFAS, or per-and polyfluoroalkyl substances) into unlined pits that drain into a farming community’s drinking water. Local residents fall ill, some terminally. A heroic attorney (Mark Ruffalo) represents them …

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Misunderstanding the Law of Causation

Trump’s NEPA proposal flunks Torts as well as Environmental Science 101.

Last week’s NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations. Specifically, the proposal tells agencies they do not need to consider environmental “effects if they are remote …

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The D.C. Circuit and the Biden Power Plant Rule

The court’s denial of a stay is very good news for EPA

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Region: National

FERC is distorting energy markets in the name of perfect competition.

How is one of the world’s largest industries responding to climate change?

The Challenge to Mainstream Environmentalism

Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision

Pricing carbon may not work the way economists thought.

There are 3 plausible scenarios for the new balance of power.

Asking judges to pass judgment on all U.S. energy policy was a bridge too far.

The GOP’s climate denial doesn’t extend to DOD.

Citizen Petition Presses EPA To Call Chemicals in Environmental Docudrama “Hazardous Waste”

Trump’s NEPA proposal flunks Torts as well as Environmental Science 101.

TRENDING

The court’s denial of a stay is very good news for EPA

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The court’s denial of a stay is very good news for EPA

Today’s wind and solar resources didn’t come out of nowhere.

Something similar to Chevron deference may still apply to many (most?) regulations.