Climate Change
A Stealth Climate Bill
There’s more money for climate action tucked away in a must-pass bill.
Surprise! The lame-duck Congress is about to consider another bill with billions of dollars of spending for climate adaptation and emission reductions. Another surprise: the bill is named for Senator James Inhofe. In case you’ve forgotten, he’s the climate change denier who once took a snowball to the Senate floor to disprove climate change. You …
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CONTINUE READINGSenate 2022: Wisconsin
Of all the states in play, the Wisconsin race may have the sharpest contrast between view on climate change.
Wisconsin has been a swing state in recent presidential elections. The Senate race there could help determine control of the Senate. The incumbent Republican is a climate change denier. The challenge highlights his support for climate action. Ron Johnson (R). Johnson, the incumbent, has a 7% lifetime LCV score, meaning he voted against the environment …
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CONTINUE READINGHappy 50th Anniversary, Federal Clean Water Act
One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. It’s proven to be one of the most successful of America’s bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed …
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CONTINUE READINGElection 2022: Governors
Four tight races will have big impacts on their states.
Although their powers vary in different states, governors are key figures in setting and implementing climate and energy policies. There are several very tight races that could have significant policy impacts. They also have indirect impacts via the governor’s role in electoral matters. Elections in these four states are considered toss-ups. The Democrats are all …
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CONTINUE READINGBuilding to Burn
Examining whether California law facilitates development in fire-prone areas
All too many Californians have lost their homes, and even their lives, as fires have raced through exurbs, suburbs, and even portions of towns and cities over the past several years. A key issue that policymakers are wrestling with is the extent to which new development has increased the risk to people and property from …
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CONTINUE READINGNational Parks, Climate Change, and Active Management
When should park managers response to fire risk and climate change through active management?
This summer, the Earth Island Institute filed a lawsuit challenging active management projects in Yosemite National Park – those projects involve the cutting of trees to reduce the risk of fire (or that is the explanation of the National Park Service for the projects). The tree cutting was begun this past year, and the National …
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CONTINUE READINGScenarios and Uncertainty
Imagining different futures can be the best way to think through options when we don’t know the odds.
In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior. Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand. It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …
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CONTINUE READINGThe Inflation Reduction Act and California Offshore Wind
There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265
Various measures in the Inflation Reduction Act (IRA), signed into law on August 16, 2022, create new momentum for offshore wind in California. However, as with all things in life, it’s never that simple. In this case, the IRA ties offshore wind (OSW) leases to offshore oil and gas auctions and prevents OSW leases from …
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CONTINUE READINGDear 1L . . .
You couldn’t have picked a more critical time to come to law school, for the country, the planet, and our future.
Dear 1L: You’ve gotten to law school at a crucial time for the future of the planet. The good news is that you’re arriving at a pivotal point when your work as a lawyer can make a big difference. The bad news is that we have a dwindling amount of time to get the situation …
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CONTINUE READINGIRA’s Impact
The new law is a Big Deal. Or more precisely, a REALLY Big Deal.
IRA, the Inflation Reduction Act, is clearly the biggest climate legislation ever passed in the United States. The law will provide $379 billion in subsidies to clean energy in the form of direct payments and tax credits. Subsidies aren’t the ideal way to cut emissions, because it’s impossible to target them to the precise behavioral …
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