Biden Administration

Hydrogen — Fuel of the Future?

Using this tiny molecule for energy may be key to decarbonization.

As it has more than once in the past, hydrogen has become a hot topic in climate policy circles.  Although widespread use of hydrogen is probably a decade away, there’s a lot of excitement about the prospect. The fundamental appeal of hydrogen as an energy source is that it produces water rather than carbon dioxide …

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Biden and Regulatory Review

Big changes may be coming to White House regulatory oversight.

President Biden seems to be poised to dramatically change how the White House reviews proposed agency regulations. I argued in a recent post that it would be better  to expand the focus of  regulatory review beyond cost-benefit analysis to include important values such as social justice and environmental quality. Biden may be moving in that …

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Three of Yesterday’s Stories of Climate Progress

There was Biden’s Executive Order, of course. And two other things. Or maybe three.

Yesterday, I read three encouraging stories about the U.S. and climate change.  One was about action by the federal government, one about action by the states, and one about action by the private sector.  The biggest news was from the federal government, in the form of Biden’s Executive Order on Tackling the Climate Crisis at …

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Legal Planeteer Ann Carlson Joins Biden Administration

UCLA Environmental Law Professor Named NHTSA General Counsel

President Joe Biden has appointed UCLA environmental law professor–and frequent Legal Planet contributor–Ann Carlson to serve as General Counsel of the National Highway and Traffic Safety Administration (NHTSA).  NHTSA, part of the U.S. Department of Administration (USDOT), plays a key regulatory role in charting federal transportation policy. Professor Carlson has anchored UCLA School of Law’s …

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The Controversial Congressional Review Act

Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He …

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The problem with “follow the science”

Science is necessary, but not sufficient, for good policymaking

In the wake of the poor performance of the Trump Administration’s efforts to address the coronavirus pandemic in the United States, there has been advice that the Biden Administration should “follow the science” in developing its coronavirus policies and strategies.  While an emphasis on a clean break from the prior Administration’s rejection of the nature …

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On the Frustrations of Climate Politics

It’s not just the shortcomings of Joe Manchin. Climate legislation is a tough challenge at all levels.

Yesterday, Joe Manchin announced that he couldn’t support the Build Back Better reconciliation bill. Unless Biden can somehow coax him back to the negotiating table, that dooms what would have been a major breakthrough in climate policy.  Manchin bears responsibility for this deerply regrettable decision. But climate legislation is hard, even in more favorable political …

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The CRA is Back in Play

What you need to know about the Congressional Review Act and Trump’s regulatory legacy

This post is co-authored by Beth Kent and Cara Horowitz Last week’s Georgia Senate victories have given Democrats (bare) control of the Senate—and, with it, the potential to use the Congressional Review Act (CRA) to erase some of the Trump Administration’s regulatory rollbacks. Here are four key things to know about this unique legislative oversight …

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Dawn of a New Era

Trump’s relentless war on the environment has finally come to an end.

A new chapter began when Joe Biden took the oath of office. That moment also marked the end of Donald Trump’s presidency, which featured efforts to roll back over a hundred environmental regulations. Biden campaigned on an ambitious plan to curb climate change, which he must now try to implement with a razor-thin control of …

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A Big Win for Climate Regulation

The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

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