Biden Administration

Another Battle in the ESG Wars

Another Trump rollback undone, another step forward for sustainable investing.

Some call it ESG — the growing attention of big investors to a company’s record Environmental, Social, and Governance issues. Some call it responsible investing. Others call it “woke.” On Nov. 22, the Biden Administration notched a victory in this ongoing battle, allowing ESG investments by private pension plans. Those plans now hold roughly $13 …

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Wasting Gas

A proposed rule limiting flaring and venting of natural gas is a win for everyone except greedy oil and gas operators.   

Yesterday, the Interior Department posted a proposed rule to limit flaring and venting of natural gas on public lands. The rule will be good for everyone except the oil and gas operators who waste the gas, increasing methane and carbon emissions while giving the public nothing in return.  The rule is clearly a step in …

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Being Thankful for Environmental Progress

Environmentalists do a lot worrying, seasoned by dashes of anger and despair. Here are some things to feel good about instead.

Environmentalists have a tendency to focus on the environmental harm we haven’t been able to prevent and the frustrations of making further progress. Once in a while, though, it’s good to look at the progress we’ve made. Take a few minutes this holiday weekend to be thankful for some of this year’s steps forward on …

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Environment and Energy Impacts of the 2022 Election

The consequences will play out in D.C. and in some important states.

The President’s party typically does poorly in the mid-terms, Biden’s popularity is low, and Americans are upset about inflation. But the election didn’t produce the Republican wave many observers predicted in the last few weeks of the campaign.  Although the GOP will likely control the House, the Democrats have held the Senate.  Here’s where things …

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The Inflation Reduction Act and the Sequencing of Climate Policy

Why subsidies for clean energy generally are preconditions for other climate policies

The Inflation Reduction Act would be, if enacted, the biggest piece of climate legislation that the U.S. Congress has ever passed.  As such, it’s gotten a fair amount of coverage attempting to put it into context for the broader scope of climate policy in the U.S. and globally – in particular, this article in Slate …

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Two and a half cheers for the IRA

Climate legislation sets the stage not just for decarbonization now, but greater policy success later on

The announcement of the legislative deal (the Inflation Reduction Act of 2022) between Senator Joe Manchin (D-WV) and the Democratic Senate leadership was a bid deal in climate policy.  The legislation relies on the reconciliation process, allowing it to pass with a simple 50 votes (plus Vice President Harris’ tie-breaker vote).  The legislation provides for …

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The climate bill and oil and gas leasing

Provision in big climate bill that mandates oil and gas leasing on federal lands has limited reach

The big news in climate policy this past week was Senator Joe Manchin (D-WV) signing off on a deal with the Democratic Senate Majority leader, Chuck Schumer, to spend hundreds of billions of dollars on climate investments – the bill is catchily called the Inflation Reduction Act of 2022.  I’ll take a look at the …

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Protecting the federal estate

Understanding the Property Clause’s location in Article IV clarifies the power of Congress and the federal government to protect public lands

In my previous blog post, I discussed how the location of the Property Clause in Article IV can help answer key debates about congressional versus executive power under the Clause, as well as federal versus state power under the Clause.  Here I want to draw on the principles I developed in the prior blog post: …

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After the Court Rules: Gaming out Responses to a Cutback in EPA Authority

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …

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Taking the Court’s Temperature on Global Warming

A case on the shadow docket may shed light on the Court’s direction.

Court watchers and environmentalists are waiting with bated breath for the Supreme Court to rule on West Virginia v. EPA, the Court’s most important climate change case in a generation. The issue in that case is what, if anything, EPA can do to regulate carbon emissions from power plants and factories. Yesterday, conservative states asked …

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