Region: National

BoJo versus Trump on Climate

Why is the GOP such an outlier on climate change?

Boris Johnson is like Trump in many ways, including a casual disregar for truth, but they’re not alike on climate change. Right after his victory, Johnson renewed his pledge to make the UK carbon-neutral by 2050. He called for “colossal new investments. . . to make this country the cleanest, greenest on earth, with the …

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Coal in 2019: A Tale of Decline

Like Canute & the ocean, Trump may wave his hands, but he can’t stop the tide.

Coal is just about the worst possible way of generating electricity in terms of its climate impacts. It’s also a serious public health hazard due to the particulates, sulfur dioxide, and nitrogen oxides it produces.  Thus, reducing the use of coal is a high priority.  How did we do in 2019? The short answer is …

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Deregulating Methane No Matter What

Emmett Institute faculty submit letter opposing Trump’s proposed rollback on methane regulations

Recently, my colleague Sean Hecht and I jointly submitted a comment letter opposing a new EPA Proposed Rule that would roll back standards limiting methane emissions from oil and natural gas production, processing, transmission, and storage facilities. This Proposed Rule essentially revokes two Obama-era regulations, finalized in 2012 and 2016, that first established these methane …

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2019 in Renewable Energy

The move toward renewables is continuing despite Trump.

Despite the efforts of the Trump Administration, renewable energy has continued to thrive.  Key states are imposing rigorous deadlines for reducing power generation from fossil fuels.  Economic trends are also supporting renewables. In the first half of 2019, Texas produced more power from renewables than coal. Texas may be content to rely on market forces, …

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Yes, It’s That Time of Year Again

If you read Legal Planet, you know why the work we do matters.

There couldn’t be a more important time for the work we do,  given the urgency of the climate crisis and the ongoing policy disaster in D.C.  Like everyone else, I’m sure you find fundraising appeals annoying.  That’s why we hardly ever do them on Legal Planet. But twice a year doesn’t seem like too much …

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OK Boomer

Sadly, all too many people in my generation are part of the problem.

The phrase “OK Boomer” got to be front-page news when Chlöe Swarbrick, a youthful member of the New Zealand parliament, used the phrase against a heckler.  She had been trying to explain why her generation was unwilling to accept delays in addressing climate change. She pointed out that her generation, and the ones to follow, …

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Things to Be Thankful For

Despite the Trump Administration’s efforts, there are rays of hope.

Three years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a new attack on the environment.  But there are also some things to be thankful for. Here’s how I started a similar post in 2017, just a year after the 2016 election: “Overall, it’s been a pretty lousy …

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Greenhouse Gas Regulations Under the Clean Air Act Are Doomed

Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?

The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …

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Analyzing the revisions to the ESA regulations (Part V)

Overall, the revised regulations increase agency discretion, particularly to avoid consideration of climate change

This is the  fifth post in a series.  The first post is available here.  The second post is available here.  The third post is available here. The fourth post is available here. Overall, the biggest takeaways from the proposed regulations are that (a) they are intended to substantially increase the discretion the agencies have in …

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Just in From the Supreme Court

The Court refused to hear two cases, but with noteworthy separate opinions.

The Supreme Court declined to hear two cases today.  Neither case was earthshaking, but conservative Justices wrote revealing separate opinions. The case with the greatest import for environmental law was Paul v. U.S. The facts of the case had nothing to do with environmental law, but the issue involved has large implications for environmental statutes. …

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