Biden Administration

A To-Do List For Biden

The clock is ticking, but there’s still time for a few important last things.

Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration.  Here are a few of the most important efforts.

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Climate Policy After the 2024 Election

In this UCLA Emmett Institute webinar, panelists discussed the climate implications of the 2024 election from the state, national, and international perspective.

Climate certainty. Legislative action. Whipsaw regulations. An exodus of civil servants. Chinese leadership despite being the world’s largest emitter. Those are a few of the possible outcomes of the Nov. 5 presidential election, according to our panelists.  More than in any previous election, the two major candidates’ track records on environmental policies are well-established and …

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The Zombie Myth of Job-Killing Regulations

Some ideas never die, no matter how much evidence piles up against them.

With the Labor Day weekend coming up, let’s talk about jobs. Some myths are like zombies in two ways.  They refuse to lie down and die, not matter what you do. And if you aren’t careful, they can eat your brain.  An example is the idea that environmental regulation kills jobs. Tragically, this brain worm …

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Did Democrats Follow Through?

 The 2020 Democratic Platform made some big promises. Four years later, where do things stand?

Many of the climate promises in the 2020 Democratic platform were kept, and large down-payments were made toward fulfilling others. The glass is definitely more than half full.

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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.

In light of President Biden’s withdrawal from the 2024 presidential race yesterday, we thought it was appropriate to update this piece about the climate legacy of the Biden-Harris Administration. In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has …

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The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.

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Could Trump Cancel the IRA?

Probably not. But also possibly yes.

The Inflation Reduction Act is Biden’s signature climate initiative. Trump has already called for repealing it, and so have some Republicans in Congress.  Given the IRA’s huge cuts in carbon emissions, that would be a tragedy.  Can he do that? He would certainly face some very significant barriers.  Trump would need Republican majorities in the …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes …

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Ranking Presidents on Climate Change

Seven presidents, seven very different legacies.

Although a 1977 memo alerted Jimmy Carter to the problem of climate change, the first tentative responses to climate change didn’t emerge until he left the White House. Since then, there have been seven very different men in the White House.  You may find the rankings surprising. Here’s how I would rank them, from best …

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The Long Life and Sudden Demise of Federal Wetlands Protection

Here’s a timeline of events.

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. United States.  It is only when you look back at the history of federal wetland regulation that you realize just …

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