filibuster Archives - Legal Planet

filibuster

The filibuster and climate change legislation

Should we eliminate the Senate filibuster to advance climate change legislation

As the Democratic Presidential primary season has unfolded, a number of the candidates have argued for eliminating the filibuster in the Senate completely. (It is currently gone for confirmation of nominations of judges and executive branch officials, but remains for substantive legislation.) So has former Democratic Senate Majority Leader Harry Reid. One of the key …

Continue reading “The filibuster and climate change legislation”

How the filibuster shapes environmental law

Political structures affect how environmental law works

In case you haven’t noticed recently, there’s been some national attention paid to how the US Senate operates. In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …

Continue reading “How the filibuster shapes environmental law”

The Filibuster and the Environment

In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

The filibuster arguably served a useful function when it allowed the minority to block action in extraordinary cases where its views were especially intense. It became no longer tolerable when it became a routine barrier to Senate action. Last week, the Senate abolished filibusters for nominations (except the Supreme Court). What does this mean for environmental …

Continue reading “The Filibuster and the Environment”

Obama’s Tactics on Greenhouse Gas Regulations Come Into View

Last week, Ann wondered why the Obama Administration has withdrawn proposed rules on greenhouse gas emissions from stationary sources, worrying that time might run out of the possibility of getting them written in time for the end of Obama’s second term. The two reasons proffered — 1) susceptibility to legal attack; and 2) waiting until the …

Continue reading “Obama’s Tactics on Greenhouse Gas Regulations Come Into View”

Are Filibusters of Executive Branch Nominees Constitutional?

President Obama’s announcement today making three nominations to the National Labor Relations Board should remind us that the GOP is the party of permanent constitutional crisis. It has been quite clear from the beginning of the Obama Administration that the Republicans simply have no interest in allowing the NLRB to function. That shouldn’t be much …

Continue reading “Are Filibusters of Executive Branch Nominees Constitutional?”

Does the President Even Need the Senate to Confirm Appointees?

Damn. I suppose that it’s an occupational hazard of law professors that they kick around an idea, only to find that someone has beaten them to the punch. Well, Harvard’s Matthew Stephenson has done that to me, sort of, with an essay in the most recent volume of the Yale Law Journal entitled, Can the President Appoint Principal Executive …

Continue reading “Does the President Even Need the Senate to Confirm Appointees?”

Judging the Environment

It’s a tough job, but somebody’s got to do it. Covering the Senate Republicans’ continuing obstruction of judicial nominees is about as exciting as watching paint dry, but the good folks at Defenders of Wildlife, one of the nation’s most venerable environmental organizations, have decided to invest in doing it, with their vital blog, Judging …

Continue reading “Judging the Environment”

Can Anyone Stop the Filibuster?

The DC Circuit’s outrageous opinion on Friday essentially banning recess appointments has brought further chaos to the Age of Dysfunction. Now, President Obama will confront potentially dozens of new filibusters without recourse; it didn’t help that less than 24 hours beforehand, the Senate scotched the efforts at meaningful filibuster reform. So what to do now? …

Continue reading “Can Anyone Stop the Filibuster?”

The filibuster and environmental law

The filibuster in the U.S. Senate has been (rightfully) in the news quite a bit over the past few years. The use of the filibuster has dramatically increased in those years, to the point where there is currently a de facto 60-vote supermajority requirement to pass legislation in the Congress. That has led to a …

Continue reading “The filibuster and environmental law”

Rand Paul, Constitutional Pervert

..and he’s not the only one. You can be forgiven for not knowing the name of Arunava Majumdar: he is a distinguished energy engineer who currently runs the Department of Energy’s Advanced Research Projects Agency – Energy (ARPA – E), and who until a few days ago was President Obama’s nominee (since last November) to become DOE’s new Undersecretary. …

Continue reading “Rand Paul, Constitutional Pervert”

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

filibuster

Should we eliminate the Senate filibuster to advance climate change legislation

Political structures affect how environmental law works

In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

TRENDING

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.