states
Climate, Energy, and Environment on the Ballot
Ballot measures in Washington and California are especially important but others are worth noting.
The two biggest state initiatives are a $10 billion green bond proposal in California and a proposed rollback of Washington State’s new cap-and-trade program. The outcomes of these and other initiatives will provide a barometer of public sentiment on environmental issues.
CONTINUE READINGTexas and California Are Not Opposites. Contrary to What You Might Think.
These two states are often portrayed as epitomizing two possible futures. But the differences are more nuanced than you think.
here’s a common idea that Texas and California represent two opposing poles of America. They’re admittedly very different places on many dimensions. But in some respects, they are surprisingly similar, and some differences aren’t as big as they seem.
CONTINUE READINGHere We Go Again! (Maybe)
The possibility of a second Trump presidency looms ahead. Time for some contingency planning!
As the Project 2025 report shows, people on the other side are doing their own contingency planning, and so should climate advocates. We can expect many of the same actions, beginning with massive regulatory rollbacks (over a hundred rollbacks last time around).
CONTINUE READINGFive 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.
A key part of California’s climate policy has always been its cap and trade system. Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. I’ve been digging into the rules, the explanatory website set up by the California Air Resources Board (CARB), and secondary sources to try to …
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CONTINUE READINGThe Changing Politics of Coal
Coal has gone from a national conservative rallying cry to a niche state concern.
The “War Against Coal” was a major conservative theme eight years ago. Now it seems almost forgotten even by Donald Trump, who was once coal’s caped crusader. But although protecting coal production is no longer much of a national issue, keeping coal-fired power plants open has percolated as an issue at the state level. It …
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CONTINUE READINGHave We Begun the Third Age of Climate Law?
Some thoughts for Environmental History Week.
An international agreement in 1992 committed the world’s nations to addressing climate change but contained few specifics. The US ratified that agreement, but there was little concrete action here through the end of the 20th Century. As this century began, things looked optimistic, with both presidential candidates favoring reductions in carbon emissions. Promptly after taking …
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CONTINUE READINGState Government Standing and Environmental Law
The Supreme Court seems to be cooling to the idea of empowering state AGs.
Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.” In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might …
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CONTINUE READINGHas 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 …
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CONTINUE READINGTaming the Dormant Commerce Clause
A new Supreme Court opinion is good news for state climate regulators.
Although the Constitution does not say so directly, the Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce.. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier …
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CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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