Environmental History
30 Years of U.S. Climate Policy
Here’s a timeline of the victories and defeats since 1992.
Thirty years ago, the United States joined the U.N. Framework Convention on Climate Change (UNFCCC). The decades since then have been a saga of victories and defeats for U.S. climate policy. Progress has been made under one President, only to be battered down by the next one. This to-and-fro is a sobering reminder of how …
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CONTINUE READINGLearning to Name Environmental Problems
It was only in the 1960s that the Supreme Court learned to talk about “pollution” and “wilderness.”
There are Supreme Court cases going back a century or more dealing with what we would now consider environmental issues such as preserving nature or air pollution. But when did the Court start seeing filthy rivers and smokey cities as embodiments of the same problem, despite their striking physical differences? And when it did start …
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CONTINUE READINGBefore Yellowstone: The Arkansas Origin of National Parks
In a forgotten incident, Congress set aside Hot Springs in 190 years ago.
The origins of the national park system is usually traced back Lincoln’s 1864 signature of the Yosemite Grant Act. But Congress had actually had the idea of protecting extraordinary places over thirty years earlier, in Arkansas of all places. Hot Springs isn’t high on the list of American places to see, which may be one …
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CONTINUE READINGJim Crow and the Fossil Fuel Industry
The fossil fuel industry has yet to escape its discriminatory past.
This being Black History Month, I thought it would be worthwhile looking at the fossil fuel industry’s racial history. Given the historic concentration of the oil and coal industries in the South, it is no surprise to find that these industries have also been deeply entangled with Jim Crow and its legacy of discrimination. Oil …
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CONTINUE READINGUn-Inventing Fire
After many eons, reliance on combustion for energy is ending.
To head off disastrous climate change, we need to radically transform the modern energy system. We must largely move beyond the use of fire, the first and most important of inventions. The core energy technology used by humans has always involved, in one form or another, burning things up. To a large extent, combatting climate …
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CONTINUE READINGEnvironmentalism and the Supreme Court
Some cases belong to the environmentalist legal canon, others to an anti-canon of reviled precedents.
Every field has its texts that form part of its intellectual canon, and others that form a kind of anti-canon of rejected ideas. The same is true in environmental law. The issue goes beyond which side wins. From the pro-environmental side of things, some Supreme Court rulings form guideposts to rely on, whereas others represent …
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CONTINUE READINGJefferson’s Bridge
Anticipating modern environmental views, Jefferson viewed nature as a public trust.
Today being the Fourth of July, it seems appropriate to think about how the author of the Declaration of Independence felt about nature. A revealing example involves some land Jefferson owned between Lexington and Roanoke, which he sought to preserve. Two years before the Declaration of Independence, Jefferson purchased 157 acres of land from the …
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CONTINUE READINGJustice Breyer’s Nuanced Voice for the Environment
Not much for rhetoric, but a reliable vote for environmental protection.
Given Justice Breyer’s announced retirement, it seems like a good time to assess his contribution to environmental law. When Bill Clinton nominated him for the Supreme Court, there was a great deal of uneasiness among environmentalists about Justice Breyer. As an academic, he had sounded a cautious note about government regulation, calling for more deliberation …
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CONTINUE READINGThe Clean Air Act Turns Fifty
A half century of progress in cleaning up the air began New Year’s Eve 1970.
On December 31, 1970, President Richard M. Nixon signed the Clean Air Act. William Ruckelshaus and Russell Train, who later led the way in implementing the new law, stood by his side with beaming smiles. Nixon supported the basic features of the bill. But he had considered vetoing the final version because Senator Ed Muskie …
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CONTINUE READINGWhen Republicans Supported the Environment: Bush 41
The GOP wasn’t always the sworn enemy of environmental protection.
Younger people today probably know about George Herbert Walker Bush (R) as the father of George W. Bush and (perhaps) as the architect of the first Iraq War. But he also had some notable environmental achievements to his credit. Here are some of his accomplishments: Air Pollution Law. The 1990 Clean Air Act Amendments were …
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