state climate regulation

Has the Supreme Court Declared Open Season on Interstate Commerce?

How to read a baffling Supreme Court ruling.

If you’re a lawyer or a lower court judge, you know you’ve got a problem when the Supreme Court’s opinion begins with a list of parts of the opinion that do or don’t have a majority, along with a list of what different permutations of judges said what about the issues.   The Pork Producers case …


Climate Policy in the Bay State

With a nudge from its courts, Massachusetts is pushing back against Trump’s climate agenda.

Even in 2006, it was clear that climate change is a serious threat to Massachusetts. That year, in its path-breaking decision on climate change, the Supreme Court gave Massachusetts standing to challenge the Bush Administration’s refusal to regulate greenhouse gases. The basis for standing was impact of sea level rise on the state. It now …


Changing the Climate in the Bay State

Massachusetts has adopted an ambitious goal of reducing GHG levels 20% below the 1990 level by 2020.  According the NY Times, the program involves a mix of tools: Importing more hydropower from Quebec. Reducing vehicle miles driven through insurance incentives. Encouraging owners of old oil furnaces to replace them with more efficient systems. Using the …


Kerry-Lieberman and State Government

The Georgetown Climate Center has put together a very useful  summary of how the bill would impact state regulation, both positively and negatively. The most important fact is that the summary is fifteen pages long.  The bill is obviously a big deal in terms of helping state regulation in some respects and curtailing it in …