Climate Change

Guest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775

The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism

The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the …

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“California Alone” Should Not Govern State Climate Policy

SB 775 Turns California Inward and Diminishes Its Role As Global Leader

Last week, Senator Bob Wieckowski (D-Fremont) introduced a new bill, SB 775, that would replace California’s cap-and-trade system with a new approach to regulating California’s greenhouse gas emissions beginning in 2021.  There is much to admire in the new bill, including an aggressive pricing approach that would ensure that California’s carbon price remains high.  The …

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The Future of California’s Greenhouse Gas Cap and Trade Program After 2020: A Conversation

Posts on Legal Planet Over the Coming Week, Linked Here, Will Address Pending California Legislation on Cap and Trade from Multiple Perspectives

This post is the preface to a series of posts by multiple authors (including guests) over the coming week (starting May 9) about the future of the state’s cap and trade program for greenhouse gases.  Two bills, AB 378 and SB 775, are being debated by the environmental and environmental justice communities, and our bloggers …

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Thinking Globally, Acting Transnationally

Despite Trump, Americans are joining the international fight against climate change.

The U.S. government obviously isn’t going to be taking a global leadership role regarding climate change, not for the next four years. At one time, that would have been the end of the story: the only way to accomplish anything internationally was through national governments.  But we live in a different world today and there …

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Thinking Globally, Acting Soldierly

Looking for people who care about climate change? Try the Pentagon.

Sometimes, it seems like the world is upside down: the head of EPA is a climate skeptic; the head of DOD takes climate change very seriously. But the view of the Secretary of Defense isn’t a fluke. There’s a liong list of Pentagon documents about the risks of climate change, going back over twenty years. …

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California Gov. Brown on Climate Efforts

“California isn’t resisting—we’re pioneering an intelligent path forward”

Yesterday’s session at the annual Navigating American Carbon World conference was a bit of a California lovefest, with relief and gratitude spilling over for the state’s leadership on climate policy.  The crowd was California’s choir, and Governor Jerry Brown delivered the keynote address to two standing ovations.  It’s rare to hear a politician sound, by …

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Think Globally, Act Municipally

Cities can help fight climate change — and they’re forums where ordinary people can have a voice.

Fierce battles will be fought to stem the federal government’s retreat on climate policy. Meanwhile, states like California are mobilizing to pursue their own policies. But not everyone lives in a progressive state, and even progressive state governments can’t do everything. We need to consider other channels to make progress, especially in states that aren’t …

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Guest Blogger Ben Levitan: The Tenth Anniversary of Massachusetts v. EPA

The opinion stands for EPA’s responsibility to address climate change based on law and science, and to safeguard public health and the environment under adverse political conditions

If it feels like we’re being inundated with bad news about federal climate policy, here’s a cause for hope: this month marks the tenth anniversary of the Supreme Court’s decision in Massachusetts v. EPA, one of the most important environmental cases in our nation’s history. The Supreme Court’s landmark decision in Massachusetts came when the …

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Court of Appeal Confirms California Cap-and-Trade is Not a Tax

It’s voluntary and it provides valuable commodities to purchasers

With the feds backsliding (or worse) on climate regulation, the efforts of California and other states to tackle climate change are especially prominent and critical. So it’s a welcome time for today’s good news for California climate regulators: The state court of appeal has rejected industry’s challenge to California’s cap-and-trade program.  That program is one …

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Trump’s Executive Order: Bad Policy and More Uncertainty

President Trump’s Executive Order on climate policy is an invitation to bad policymaking and legal uncertainty. The big-ticket item targeted by the Order, of course, is the Obama Administration’s Clean Power Plan and related rules on carbon dioxide emissions from power plants. The EO has limited immediate legal impact: none of the major rules can …

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