Biden Administration
Biden’s Infrastructure Plan: FAQs
Yes, it’s a big deal. And yes, it’s politically dicey.
Biden has announced a $2 trillion infrastructure plan, with a heavy focus on climate-related investments. The plan is very complicated, and the news coverage hasn’t been all that helpful. Here are the key questions we should be asking about the plan, along with my best attempts to answer. Q: What’s in the plan? A: It’s …
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CONTINUE READINGThe US National Academies on Solar Geoengineering Research and Governance
Four Emmett Institute scholars react to an important new report
A few of us are part of the Emmett Institute’s Geoengineering Governance Project, where we study the legal and policy issues presented by solar geoengineering and carbon dioxide removal technologies. On the former set of technologies—that is, reflecting a little incoming sunlight to cool the Earth and temporarily counteract heating from greenhouse gases—the US National …
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CONTINUE READINGBiden’s Dilemma: Limiting Carbon from Existing Power Plants
It’s not that the policy choices are that hard. It’s the 6-3 Supreme Court.
Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama Administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump Administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what? It wouldn’t be hard to redo the Obama policy …
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CONTINUE READINGRegulating Interstate Ozone Pollution: EPA Nears the Finish Line
The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.
EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast. This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005. Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …
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CONTINUE READINGA 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. …
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CONTINUE READINGKeeping 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 …
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CONTINUE READINGPerspectives 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. …
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CONTINUE READINGGuest 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 READINGImplementing 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. …
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CONTINUE READINGExpertise 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 …
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