Biden Administration

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. …

CONTINUE READING

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 …

CONTINUE READING

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. …

CONTINUE READING

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. …

CONTINUE READING

Implementing the “Biden Environmental Litigation Bounce-Back”

Encouraging Signals As To How Biden’s USDOJ Will Resolve Environmental Lawsuits Originally Brought Against the Trump Administration

The transition from the Trump Administration to the Biden Administration makes for fascinating spectator sport.  President Biden’s first month in office reveals that he and his Administration are committed to undoing the widespread damage former President Trump and his minions engineered across so many policy and legal areas.  The environment is a particularly prominent example. …

CONTINUE READING

Expertise versus Politics Under Biden

Experts will no longer be pariahs under Biden. But will their voices be heard?

One of the abiding issues in governance is the balance between democratic leadership and experts.  We don’t want government solely by technocrats.  Nor do we want government steered solely by ideology and politics, as under Trump.  Biden will be a vast improvement, but there’s still some question about whether he’ll get the balance right. I …

CONTINUE READING

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 …

CONTINUE READING

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 …

CONTINUE READING

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 …

CONTINUE READING

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 …

CONTINUE READING

TRENDING