Climate Change
The Tangled Web of the Boulder v. Suncor Cert Grant
Pass me some aspirin. Attorney General Rob Bonta might want some, too.
On Monday, the U.S. Supreme Court agreed to take up the Boulder v. Suncor Energy case, one of the growing set of state-law nuisance and consumer protection cases filed by states and municipalities against fossil fuel companies for harms from climate change. The Court will review the Colorado Supreme Court’s decision to allow the case …
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CONTINUE READINGHas Trump Actually “Driven a Dagger Through the Heart” of Climate Policy?
Don’t jump to conclusions based on the Administration’s spin operation.
there’s a good chance that the repeal of the Endangerment Finding will be reversed by the courts. That would ground federal climate policy even more firmly in the law, so the Administration is taking a gamble. Saying they’ve one is as premature as a roulette player who’s just put all their chips on one number announcing that they’re now rich before the wheel has even started turning. Even if the courts do uphold the repeal, a lot will depend on just what legal theory the judges adopt. Some legal theories would slam the door on efforts by future Democratic presidents. Others would leave room to move forward.
CONTINUE READINGHot Take on the Endangerment Repeal
It’s a tweaked version of arguments that the Supreme Court rejected in 2007.
EPA’s argument for repealing the Endangerment Finding is basically a rehash of legal arguments that were rejected by the Supreme Court in 2007. These arguments haven’t improved with age. Notably, EPA doesn’t dare contest the science.
CONTINUE READINGMaintaining California’s Environmental Leadership
California’s 2026 Gubernatorial Race
California will elect a new governor in 2026. The primary is June 2 and the top two candidates will face off on November 3. If you are in California, make sure you are registered to vote! This election comes as a pivotal time for California’s environmental leadership. California’s next governor must be ready to step …
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CONTINUE READINGThe Trump Administration is Squandering Our Natural Heritage
Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.
The world’s ecosystems have been subject to an increasingly dangerous cocktail of stressors from land and ocean over-development, invasive species, and pollution. But rather than stem the tide of these harms, the Trump administration has resurrected several regulatory changes to the Endangered Species Act designed to stifle species’ protections and provide land developers even more power to …
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CONTINUE READINGMilestones in State Climate Policy
The first efforts to clean up the grid date back forty years, but state climate policy really got moving at the turn of the century.
The federal government’s interventions in climate policy have been erratic, driven by political polarization and alternating control of the White House. In contrast, state governments have engaged in steady campaigns to reduce carbon emissions. Some people seem to think this has been a recent innovation, but it has now been ongoing for a generation. Here are some the key milestone along the way, closing with Trump’s pledge to bulldoze state policies that don’t fall in line with his priorities.
CONTINUE READINGFederalism, AI, and the Environment
Trump’s efforts to overturn state laws are part of his effort to consolidate power and suppress opposition.
State authority isn’t unlimited, but current legal doctrines give it broad scope. So, apparently, does national politics, given that Congress recently rejected a proposal to preempt state AI laws and has never seriously considered preempting state climate laws.
As we all know, Congress has found it extraordinarily difficult to enact legislation on major issues. The executive branch, under the Supreme Court’s “major questions doctrine,” lacks the power to fill the gap. That leaves only the states to save us from paralysis when major new issues arise. That may not be ideal, but it’s better than nothing.
How California (And Other States) Can Drive Demand for Clean Trucks
CLEE and the Emmett Institute release new report today and will hold Jan. 13 webinar with Energy Commissioner Nancy Skinner keynote.
This post is co-authored by CLEE fellow Marie Grimm. California’s policies to phase out polluting diesel trucks with zero-emission models took a major hit this year from the federal government. In June 2025, Congress voted to overturn federal permission for California’s zero-emission truck mandate (although this vote is now subject to litigation). In July, Congress …
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CONTINUE READINGRed States and the American Free Enterprise Chamber of Commerce are Climate Champions?
The hypocrisy in Iowa v. Wright is nauseating.
Guess which parties made the following arguments about climate change in a recently decided Eighth Circuit Court of Appeals case, Iowa v. Wright? A group of red states and the American Free Enterprise Chamber of Commerce (AMFREE). The case involves an obscure but important formula, known as the Petroleum Efficiency Factor (PEF), applied when automakers …
CONTINUE READINGCalifornia Wonders if it is Doing Wildfire Risk All Wrong
The California Wildfire Fund seeks input from stakeholders on a range of possible reforms.
Senate Bill 254 (Becker) deservedly received a lot of attention when the Governor signed it into law earlier this year. After many twists and turns and late night speculation of will they/won’t they, SB 254 became a landing pad for a sweeping set of wildfire and electric utility policy adjustments. Among the headlines: Creation of …
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