Biden Administration Archives - Page 2 of 21

Biden Administration

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Biden’s signature climate law, the Inflation Reduction Act, is squarely in Donald Trump’s sights. There is certainly a risk that a GOP sweep in November would result in repeal, as I’ve written before. Yet there are increasing signs that the IRA has created a powerful political constituency deep in Republican domains. This will make repealing …

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Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued an order that likely ends one of the most closely-watched climate change lawsuits in recent American legal history: Juliana v. United States. The background of this litigation–which was filed in federal district court in Oregon in 2015–has been analyzed at length in …

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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The problem isn’t that EPA’s new climate regulation for power plants will crush the coal-fired generation industry. It’s that much of the industry is so economically weak it can’t survive any kind of regulation.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

The release of Biden’s new climate regulations for power plants will unleash a maelstrom of legal and political battles. One key question: Will the Supreme Court short circuit the litigation process by staying the rules.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

The Inflation Reduction Act is Biden’s signature climate initiative. Trump has already called for repealing it, and so have some Republicans in Congress. Given the IRA’s huge cuts in carbon emissions, that would be a tragedy. Can he do that? He would certainly face some very significant barriers. Trump would need Republican majorities in the …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes …

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Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Some of RFK Jr.’s views about climate change may be what you expected. Others may surprise you, like his embrace of natural gas as a fuel and his reservations about regulating emissions.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

If you have somehow managed to escape the frenzied political headlines about electric vehicles, first I envy you and second, I must regrettably inform you that the EV has become an acronym of partisan rancor on par with IVF, DEI, and CRT. There’s a lot of reasons for this electric car culture war: President Biden …

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Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

I’ve blogged quite a bit about the challenges of interpreting the NEPA amendments, which snuck through as part of last year’s debt ceiling bill. I haven’t said much about their impact. Given the amount of energy infrastructure we need to build in the near future, a streamlined permitting process would be great. Alas, I don’t …

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Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

The topic of critical minerals and the energy transition is one of choices and priorities, at least according to author and journalist Ernest Scheyder, who spoke at the second panel in our recent “Powering the Future” symposium. This panel, Critical Minerals and Global Supply Chains, discussed some of the fundamental choices that governments, industry, and …

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The Best Reason for Optimism About Climate Action

As the saying goes, “It’s the economy, stupid.”

The D.C. Circuit and the Biden Power Plant Rule

The court’s denial of a stay is very good news for EPA

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Biden Administration

Building A Political Firewall Against IRA Repeal

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

Probably not. But also possibly yes.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Probably not much. If at all.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

TRENDING

As the saying goes, “It’s the economy, stupid.”

The court’s denial of a stay is very good news for EPA

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

We used to have the Chevron test? What test do we have now?

Lessons from philanthropist and conservationist Kris Tompkins after a visit to the UCLA Emmett Institute.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland