Biden Administration

What We Know About Trump’s Impact on Clean Energy

U.S. clean energy has taken a major hit but not a fatal one.

Biden’s climate legacy has taken serious hits but more has survived then we feared.  There’s a general impression that Trump has wiped out Biden’s ambitious climate statute and with it brought the energy transition to a halt.  It’s become clear that the situation is a lot more complicated than that.  Politico has unearthed new evidence about funding under Biden’s Inflation Reduction Act. That new evidence complements some of the other pieces of the puzzle. Here’s what we know at this point.

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Strategies for the 2030s

We lost the Battle of 2025. But we haven’t last the fight for sustainability.

Two recent models have some welcome news: Trump’s rollbacks and assault on the Inflation Reduction Act have not been as cataclysmic as feared. At least not yet.  The models come from different sources — an MIT researcher and the Rhodium firm — using different methodologies.  The models also have implications about the next steps in climate policy.  Both models highlight the critical need to rip down barriers to clean energy and transmission build out. 

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Pondering the Effects of Biden’s Climate Policies

A new report has some unexpected implications.

A new report from an MIT researcher says that the “glass is half full” in terms of prospects for renewables in the U.S.  This was interpreted by some to mean that Biden’s climate policies were proving successful despite repeal of key parts of the Inflation Reduction Act. That’s a bit of a misreading. It also misses some key takeaways from the report. Those include skepticism about tax credits for wind and solar, an emphasis on removing obstacles to new projects, and a call for supporting the development of “firm” power sources like geotherma

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The Compelling Case for Clean Energy Subsidies

There’s a solid economic case for government support

Tax credits and direct subsidies sound like handouts.  That’s not true in the case of renewable energy and electric vehicles.  No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms.  Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also make America competitive in what are clearly the industries of the future, rather than abandoning the field to China.

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Garbage In, Garbage Out, Garbage Everywhere

The collapse of international plastics negotiations demands a new, non-UN framework

Given all the garbage that we have to deal with nowadays, you might have missed the prospect of actual, non-metaphorical garbage this week: to virtually no one’s surprise, UN negotiations over an international plastics treaty collapsed this week. It’s easy to make jokes referencing The Graduate – and in fact I will – but this …

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The Imperious Presidency

Executive Orders by Biden and Trump speak volumes about their perspectives.

It’s not a surprise that Trump has little respect for expertise and immense antagonism toward those he views as his enemies.  What’s striking, however, is that way that these attitudes leak into even the most formal government documents, where they shape the official justifications for presidential actions.  To borrow a phrase from Justice Scalia, sometimes a wolf comes in sheep’s clothing. But “this wolf comes as a wolf.”

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Emergency Powers Aren’t What They Used to Be

In the post-WW2 era, courts bent over backwards to accomodate emergency actions. Not true today, as Trump is finding out.

In mid-century America, emergency powers were truly potent. But those days are gone. In his two terms as President, Trump has declared 21 national emergencies, including eight since January 20. This glut of “emergencies” can only further discredit the whole concept. He and his advisors seem to see those as creating nearly magical legal powers, allowing them to deport people without hearings, run roughshod over environmental safeguards, and impose tariffs willy-nilly. They are probably in line for a disappointment. Judges are no longer in awe of emergency powers.

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What Happened to EPA Enforcement?

Enforcement efforts peaked long ago and have been in long-term decline. Trump will accelerate that.

There has been a long-term decline in EPA enforcement since the late Bush Administration. The numbers raise three questions: What’s behind the long-term trend? Why has pollution generally continued to decline despite weaker enforcement? And how bad will things be under Trump II? As to the third question, Trump has already made it clear that we can expect environmental enforcement to crash and burn in the next four years.

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Senate Parliamentarian Confirms that California Waivers Are Not Subject to the Congressional Review Act

Will Republicans honor her determination?

As I have previously written, the Trump Administration is attempting an end run around the administrative process it is supposed to follow if it intends to revoke the waiver California received for three important programs to cut air pollutants from cars and trucks.  You can find the details about this end run around — using …

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The Legal Complexities of Deregulating Power Plant Carbon Emissions

The Supreme Court struck down Obama’s powerplant regulation. but it didn’t endorse Trump’s first try either.

We are likely to end up with a Trump rule for powerplant emissions that is much weaker than the Biden rule, but not as weak as EPA’s effort in the first Trump Administration. And the process will take Trump longer this time, with a greater litigation risk.This matters because even a very weak rule may require significant investments in improving powerplant efficiency, which could result in some plant closures.

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