Ironically, a conservative legal doctrine might block some of his excesses.
Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …CONTINUE READING
Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.
Young people who have the most to lose from climate change have filed lawsuits in all 50 states, but the first of these cases to go to trial will be in Montana—unofficially nicknamed “the Last Best Place”—which may be the perfect venue for a landmark trial about government culpability for the global climate crisis. Starting …CONTINUE READING
It’s not us. It’s you.
WORLD: Thanks for the card. . . . But I think we need to talk. FOSSIL FUEL INDUSTRY: About what? W: About us. FFI: About us?? Can’t it wait until some other time? This is Valentine’s Day, and I’ve made plans for us. Big plans. W: The pandemic has given me a lot of time …CONTINUE READING
They’re even worse than you probably thought.
The decision at the Glasgow climate conference to phase down fossil fuels is an important step forward — and not just because of climate change. We think of fossil fuels as a source of climate change, but that’s only a one part of the problem. From their extraction to their combustion, everything about them is …CONTINUE READING
What the current fossil fuel energy crisis means for climate and clean energy policy
Pick up any newspaper and it is clear that much of the world is experiencing a series of interrelated energy price shocks. In Europe and the UK, natural gas prices are up by more than 500% over the last year, hitting all-time highs earlier this month. In the US, even with abundant supplies of natural …CONTINUE READING
Exploring legal options for congressional and executive actions to terminate existing fossil fuel leases on federal lands.
The Biden Administration has set aggressive goals for the reduction of greenhouse gas emissions from the United States. And a necessary component for any long-term plan to address greenhouse gas emissions from the United States is reducing and ultimately eliminating the emissions from fossil fuels produced on federal lands. Why is this such a critical …CONTINUE READING
Nine key developments to watch for on the environmental front.
2020 was a tumultuous year. Hopefully, 2021 will be balmier. Widespread use of vaccines will hopefully tame the COVID-19 pandemic, and maybe the political world will settle down a bit too. Here are nine key things to watch for in terms of environmental policy. The Georgia runoff elections. Currently, the Republicans look likely to control …CONTINUE READING
Nothing about Trump’s environmental policies has been a surprise. He won anyway.
One thing you can say about Donald Trump is that he didn’t hide the ball. He told us exactly what he would do about the environment. Many people who say they care about climate change or the environment apparently didn’t care enough to come to the polls and vote for his opponent. People who liked …CONTINUE READING
D.C. Circuit enforces deadlines for air pollution compliance
On Friday, the D.C. Circuit issued a brief order in a case called New York v. EPA. In some respects, the order was a foregone conclusion, given the same court’s September ruling in a case called Wisconsin v. EPA. But it’s nonetheless noteworthy. Both the New York and the Wisconsin case involved a section in …CONTINUE READING
Understanding Trump’s Drive to Ramp Up Carbon Emissions
Libertarians may oppose government regulation on principle, and to some extent that stance explains the Trump Administration’s environmental and energy policies. But the Trump Administration clearly views the fossil fuel sector as something more than another overly-regulated industry. Instead, expansion of this particular industry is seen as something good in itself. Thus, the Administration not …CONTINUE READING