Biden Administration
Deal or No Deal?
Should Congress pass EPRA?
This is the second in a series of posts on permitting reform. The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now? Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …
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CONTINUE READINGShould We Do Permitting Reform?
What is at stake with the Manchin bill.
As Congress wraps up its lame duck session before the new Congress and President arrive in January, there is a lot of debate about whether to move forward on permitting reform within a quickly shrinking window of time. The basis of debate is the Energy Permitting Reform Act (EPRA) co-sponsored by Senators Manchin and Barrasso. …
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CONTINUE READINGA 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.
CONTINUE READINGClimate 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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CONTINUE READINGThe 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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CONTINUE READINGDid 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.
CONTINUE READING35 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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CONTINUE READINGThe 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.
CONTINUE READINGCould 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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CONTINUE READINGA 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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