Biden Administration

Straws in the Wind

Businesses have intensified public support for climate action. That could presage a major shift in climate politics.

In the past few weeks, there’s been a notable growth of business support for climate action. A letter from the CEOs of 300 hundred major companies called for a 50% cut from 2005 carbon emissions by 2030.  The companies ranged from the utilities to tobacco to investment management. Google, McDonalds,  Walmart, and Philip Morris were …

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Creating New Jobs in Coal Country and the Oil Patch

How can we help carbon-dependent communities transition economically?

One of the goals of Biden’s clean energy and infrastructure proposals is to provide an economic boost to people who will otherwise lose out in the transition to a sustainable economy.  He has similar plans for “environmental justice” communities.  This is a great goal, but it may be more difficult than it seems. In a …

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Biden’s Infrastructure Plan: FAQs

Yes, it’s a big deal. And yes, it’s politically dicey.

Biden has announced a $2 trillion infrastructure plan, with a heavy focus on climate-related investments.  The plan is very complicated, and the news coverage hasn’t been all that helpful.  Here are the key questions we should be asking about the plan, along with my best attempts to answer. Q: What’s in the plan? A: It’s …

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The US National Academies on Solar Geoengineering Research and Governance

Reflecting Sunlight: Recommendations for Solar Geoengineering Research and Research Governance (2021) cover

Four Emmett Institute scholars react to an important new report

A few of us are part of the Emmett Institute’s Geoengineering Governance Project, where we study the legal and policy issues presented by solar geoengineering and carbon dioxide removal technologies. On the former set of technologies—that is, reflecting a little incoming sunlight to cool the Earth and temporarily counteract heating from greenhouse gases—the US National …

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Biden’s Dilemma: Limiting Carbon from Existing Power Plants

It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama Administration devised a perfectly sensible, moderate policy to cut those emissions.  The Trump Administration replaced it with a ridiculous token policy.  The D.C. Circuit appeals court tossed that out. Now what? It wouldn’t be hard to redo the Obama policy …

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Regulating Interstate Ozone Pollution: EPA Nears the Finish Line

The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.

EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast.  This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005.  Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …

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A Preview: Major Property Rights Case Currently Before U.S. Supreme Court

Decision in Cedar Point Nursery Could Imperil Key Health, Safety & Environmental Programs

On Monday, the U.S. Supreme Court will hear oral arguments in a major property rights case from California: Cedar Point Nursery v. Hassid.  That litigation arises in a labor law context.  But, depending on how the Court rules, the case could have major, deleterious impacts on a wide array of health, safety and environmental programs. …

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Keeping It All In the Ground?

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 …

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Perspectives on Inequality and the Environment

Environmental action has become linked to the fight against inequality. But there are different visions of this linkage.

Equality concerns have loomed large in American thought for at least the past decade, exemplified by demonstrations against “the one percent” and the Black Lives Matter movement.  These concerns have also moved toward center stage in environmental law.  This has been a major shift in emphasis that seems likely to reshape the meaning of environmentalism. …

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Guest Contributor Aimee Barnes: How the Biden Administration’s Environmental Justice Mapping Tool Can Identify and Target Benefits to Disadvantaged Communities

Lessons Learned From CalEnviroScreen

Just one week after his inauguration, President Joe Biden designated January 27 “Climate Day” at the White House and signed a number of executive orders, including one aimed to “secure environmental justice (EJ) and spur economic opportunity.” Under this executive order, President Biden took the first steps to make good on his campaign’s EJ commitments. …

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