Biden Administration
The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case
NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.
When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.
CONTINUE READINGLuminosity
The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.
The conservative fight to save an obsolete lighting technology – the incandescent bulb — has something to tell us about current environmental disputes and the nature of culture wars.
CONTINUE READINGHypothetically Speaking: What if Trump Had Won in 2020?
In terms of climate policy, the short answer is “nearly total destruction.”
Trump’s end point from his first term — zeroing out federal climate action — would have been his starting point after reelection. The next steps would have been an effort to end state-level and private climate action, and a massive increase in oil & gas production and use.
CONTINUE READINGWill Biden and Trump Debate Climate Change?
Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.
President Joe Biden and former president Donald Trump are tentatively set to square off on a stage in Atlanta on June 27 in the first of two presidential debates and there are plenty of climate-related questions that CNN moderators should consider—especially since parts of the country may be sweltering under a heat wave, Georgia’s neighbors …
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CONTINUE READINGCan 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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CONTINUE READINGNinth 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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CONTINUE READINGWhy 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.
CONTINUE READINGEPA’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.
CONTINUE READINGCould 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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CONTINUE READINGA 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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