Climate Policy

A gift from the Montreal Protocol parties to the Climate Convention

Montreal Protocol parties agree to negotiate amendment to limit HFCs

Last week, the parties of the Montreal Protocol took an important step to broaden their treaty’s chemical controls to contribute to limiting climate change. The chemicals at issue are the HFCs, or Hydrofluorocarbons. (Like the other halogenated chemicals relevant to ozone depletion, the acronym tells you the chemical composition of the class of chemicals. The …

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Climate Fatigue

You might be tired of climate change. But climate change isn’t tired of you.

I gather that people are tired of hearing about climate change.  I’m tired of hearing about climate change, too. Sadly, Nature just doesn’t care  that much about entertaining us.  It’s going to be climate change this year, climate change next year, climate change the year after that . . . But don’t worry, it won’t …

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Some Unsolicited Advice for Tom Steyer

There were a number of efforts by wealthy individuals and/or Super PACs to affect the midterm election results. Most relevant to this blog, Tom Steyer used tens of millions of his own funds to support candidates that he felt would be more supportive of efforts to address climate change. After the election, the media portrayed …

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Australia’s repeal of its carbon tax

A lot of (bad) environmental law news has been coming out of Australia recently. The new Liberal government has attempted to dump dredging spoils on the Great Barrier Reef and open up protected Tasmanian forests to logging. But most importantly, the government has repealed the carbon tax enacted by the prior Labor government. The Australian …

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Solar power in North Carolina

How the solar industry became successful in North Carolina

When it comes to politics, North Carolina is not California.  California is regularly and consistently Democratic at the state and national level.  North Carolina is a swing state in presidential elections, has a Republican majority in its delegation to the House of Representatives, and has a state government currently dominated by Republicans. And when it …

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How Scalia Might Have Ended the Best Hope of Killing EPA’s Greenhouse Gas Rules

The Supreme Court may have just eliminated a major legal and political risk to EPA’s greenhouse gas regulatory program

A couple of folks have already written about the UARG decision, and there is surely more to understand about the implications of the Scalia majority decision for future EPA greenhouse gas regulatory efforts. But I want to highlight one key implication of the decision for EPA’s overall greenhouse gas regulatory program. First, it is important …

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The 2014 Midterm Elections and the EPA Greenhouse Gas Rule

Why Republicans probably won’t be able to eliminate the EPA rules before 2016

I wrote earlier about why the 2016 Presidential election will be the election that matters (politically) for the long-term success of the new greenhouse gas rules proposed by EPA.  (The status of legal challenges is a different question.)  I want to elaborate a little more now about why the 2014 midterm elections are pretty much …

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PART III – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This is the third in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.  (See the first and second posts.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. What …

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Obamacare’s lessons for the future of EPA’s CO2 rule

The survival of the greenhouse gas rule depends on how much people invest based on it

There has (rightly) been a lot of attention paid to the EPA proposed rule controlling greenhouse gas emissions from powerplants pursuant to Clean Air Act Section 111(d). All of that analysis – how effective the rule will be; how it will be implemented; the prospects for successful legal challenges to the rule – is important. …

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Wyoming Wind Power and California Electricity

Supporting renewable energy in Wyoming makes political sense

A company wants to build a lot of wind power in Wyoming.  A lot.  3,000 megawatts.  The size of three nuclear reactors.  And ship all of the power to California.  None of it will be used in Wyoming, where electricity primarily comes from coal, and where the state has been strongly resistant to various policies …

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