Region: National
Regulating Interstate Ozone Pollution: EPA Nears the Finish Line
The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.
EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast. This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005. Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …
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CONTINUE READINGThe Nondelegation Doctrine and Its Threat to Environmental Law
Here’s what the doctrine means and why it has suddenly become so significant.
If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9% of Americans who’ve never heard of it, here’s an explainer of the doctrine and what the 6-3 Court might do with it. What’s the nondelegation doctrine? Simply put, …
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CONTINUE READINGWhen “Stay In Your Lane” Is Wrong
Technical policy questions often involve ethical political questions that the public must have a say in
As vaccination for the coronavirus in the United States ramps up, I want to take a look back to a policy dispute over the initial plans for vaccine distribution at the end of 2020 and the beginning of 2021 – in part because that fight (like “follow the science,” which I blogged about recently) also …
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CONTINUE READINGThe U.S. Government Is Researching Solar Geoengineering. Now What?
Officials should use the tools on hand to get governance right.
In December, Congress renewed funding for the National Oceanic and Atmospheric Administration (NOAA) to investigate stratospheric aerosols as a potential method for “solar climate interventions,” expanding a research program established a year earlier. These actions have been widely interpreted as the first-ever federal research project into solar geoengineering—proposals to slightly “dim the sun” to limit …
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CONTINUE READINGIf Liberals Were the Ones Who Favored Fossil Fuels. . .
Here’s what the conservative response might look like.
Conservatives often come to the defense of fossil fuels and disdain renewable energy. Is that really consistent with their principles? Let’s imagine what conservatives might say if the table were turned, Suppose liberals proposed government support for fossil fuels. The conservative response might look something like this: Another Liberal Boondoggle Now they want to prop …
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CONTINUE READINGKeeping It All In the Ground?
Exploring legal options for congressional and executive actions to terminate existing fossil fuel leases on federal lands.
The Biden Administration has set aggressive goals for the reduction of greenhouse gas emissions from the United States. And a necessary component for any long-term plan to address greenhouse gas emissions from the United States is reducing and ultimately eliminating the emissions from fossil fuels produced on federal lands. Why is this such a critical …
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CONTINUE READINGWhere “Old King Coal” Still Holds Court
Use of coal is dwindling across the country, but very unevenly. We need to give it a good shove.
The NY Times ran a story last week about a coal area in Wyoming that is embracing renewable energy as its economic future. Residents of Carbon County, WY, aren’t necessarily happy about it but they recognize that the times are changing. As one county commissioner said, “You can stand at the tracks when the train …
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CONTINUE READINGPerspectives on Inequality and the Environment
Environmental action has become linked to the fight against inequality. But there are different visions of this linkage.
Equality concerns have loomed large in American thought for at least the past decade, exemplified by demonstrations against “the one percent” and the Black Lives Matter movement. These concerns have also moved toward center stage in environmental law. This has been a major shift in emphasis that seems likely to reshape the meaning of environmentalism. …
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CONTINUE READINGInstitutional Capacity Building for the Energy Transition
State agencies will need help to deal with a fast-changing energy system.
The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, …
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CONTINUE READINGGuest Contributor Aimee Barnes: How the Biden Administration’s Environmental Justice Mapping Tool Can Identify and Target Benefits to Disadvantaged Communities
Lessons Learned From CalEnviroScreen
Just one week after his inauguration, President Joe Biden designated January 27 “Climate Day” at the White House and signed a number of executive orders, including one aimed to “secure environmental justice (EJ) and spur economic opportunity.” Under this executive order, President Biden took the first steps to make good on his campaign’s EJ commitments. …
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