Biden Administration
Litigating Against Trump
Trump’s agencies had a terrible litigation record the first time. It will probably get better – but not that much better.
In his first term, Trump’s litigation record was awful – winning only one case in four by some estimates.The Trump folks should do a better this time. But they may not improve that much, and could still lose more often than they win. Money invested in litigating against the Administration will be well spent. Meticulous attention to evidence and legal requirements is likely to remain a weak point.
CONTINUE READINGJoe Biden, Hail and Farewell
His climate actions will resonate far into the future.
Joe Biden is about to vanish from the political scene, but not from the history books. The last election casts a pall on his reputation, as does his unpopularity. But history may be kinder, as it has been for Harry Truman and Jimmy Carter. Beyond all else, he has been our best president yet on climate policy. For our descendants, that will matter a lot more than a couple of years of inflation that impacted their ancestors.
CONTINUE READINGTalking Climate Policy with an Energy Economist
An interview with leading energy expert Catherine Wolfram
Catherine Wolfram, a leading energy economist who has researched the impact of the Inflation Reduction Act, shares her views of the impact of the IRA, its likely fate, and the energy policies of the incoming Trump Administration. Wolfram served as the Deputy Assistant Secretary for Climate and Energy Economics at the US Treasury in 2021-2022
CONTINUE READINGHuge Snub for Big Oil at the Supreme Court
Oil companies failed to persuade the justices to shield them from the growing number of state lawsuits seeking damages for the harms caused by climate change.
Big Oil has failed to persuade the U.S. Supreme Court to shield it from numerous state climate lawsuits filed across the country seeking damages for the harms caused by climate change — harms like the historic, supercharged urban fires burning in Los Angeles. The justices held a conference on Friday, January 10 to determine whether …
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CONTINUE READINGGood & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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CONTINUE READINGHow to Make Climate as Compelling as Egg Prices
While politicians are right to focus on cost of living, it’s dangerously wrong to assume voters rejected climate policies in the 2024 election.
How do we make the climate crisis as compelling to voters as the price of eggs? That’s a question—an existential question—I’ve been asking myself for weeks now. My UCLA Emmett Institute colleagues and I have some ideas that I’ll be sharing over the next weeks and months. We’re hardly alone: Two months after a disheartening …
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CONTINUE READINGDeal or No Deal?
Should Congress pass EPRA?
This is the second in a series of posts on permitting reform. The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now? Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …
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CONTINUE READINGShould We Do Permitting Reform?
What is at stake with the Manchin bill.
As Congress wraps up its lame duck session before the new Congress and President arrive in January, there is a lot of debate about whether to move forward on permitting reform within a quickly shrinking window of time. The basis of debate is the Energy Permitting Reform Act (EPRA) co-sponsored by Senators Manchin and Barrasso. …
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CONTINUE READINGNEPA and Loper Deference (Part II)
Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.
Dan provided a terrific overview of the legal issues involved in the D.C. Circuit’s recent decision holding that CEQ lacks authority to promulgate regulations and, therefore, that the regulations governing implementation of NEPA across the government for decades are ultra vires. I want to offer some additional observations focused on the potential practical implications. First, …
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CONTINUE READINGWhat does the election mean for the EV transition?
Slower, less certain, and less equitable–with a new focus on local leadership
The election of Donald Trump and a Republican Congress poses a direct threat to environmental protection and climate policy across the board, including destructive agency heads, reduced clean energy funding, abandoned international agreements, and more federal judges openly hostile to science-based regulation in service of public and environmental health. It’s a bleak outlook from any …
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