Biden Administration
The D.C. Circuit and the Biden Power Plant Rule
The court’s denial of a stay is very good news for EPA
The D.C. Circuit frequently denies stays, but this ruling was notable for three reasons: It allows an important climate change regulation to go into effect; it clarified an important legal doctrine; and it has a good chance of being upheld on appeal.
CONTINUE READING35 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.
In light of President Biden’s withdrawal from the 2024 presidential race yesterday, we thought it was appropriate to update this piece about the climate legacy of the Biden-Harris Administration. In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has …
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CONTINUE READINGIs 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.
There’s a big, important tax debate looming next year—one with opportunities and risks for climate policy, particularly the idea of a carbon tax. It can be hard to see this debate thanks to the daily churn of the 2024 presidential election, but it’s there on the horizon if you squint. For one thing, we’ll likely …
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CONTINUE READINGIs the Sky Falling? Chevron, Loper Bright, and Judicial Deference
Perplexed? Worried? Here’s a guide to a fraught area of law.
If you’re confused about the Supreme Court’s ruling, you’re not alone. Scholars will be discussing the recent ruling for years. It clearly will limit the leeway that agencies have to interpret statutes, meaning less flexibility to deal with new problems. But unlike many commentators, I don’t think the sky is falling. I was teaching environmental …
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CONTINUE READINGThe Biden-Trump Debate’s Climate Question
“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”
The first—and possibly last—debate between President Joe Biden and Donald Trump was never going to be about the existential climate crisis. But the CNN moderators did press the issue in one question. The meandering answer that followed was a microcosm of the whole excruciating affair. I wrote here about 22 possible climate-related questions that CNN’s …
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CONTINUE READINGThe 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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