Biden Administration
The Long Life and Sudden Demise of Federal Wetlands Protection
Here’s a timeline of events.
It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. United States. It is only when you look back at the history of federal wetland regulation that you realize just …
Continue reading “The Long Life and Sudden Demise of Federal Wetlands Protection”
CONTINUE READINGInterstate Pollution and the Supreme Court’s “Shadow Docket”
The Court considers whether to stay an EPA plan in light of changed circumstances.
Later this month, the Supreme Court will hear oral argument about whether to stay a plan issued by EPA to limit upwind states from creating ozone pollution that impacts other states. As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than …
Continue reading “Interstate Pollution and the Supreme Court’s “Shadow Docket””
CONTINUE READINGThe Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to …
Continue reading “The Unique Legal Context of EPA Methane Regulations”
CONTINUE READINGElection 2024: Climate Action vs. Radical Deregulation
Voters should consider the radical, right-wing deregulation agenda that would await on Day One of a second Trump administration.
The Iowa Caucuses are 12 days away. The South Carolina Republican Primary comes 5 weeks later. And just two weeks after that is Super Tuesday. In the lead up to all these primary contests, anti-democracy candidate Donald Trump continues to march toward capturing the GOP nomination with a commanding lead in national polls. While headlines …
Continue reading “Election 2024: Climate Action vs. Radical Deregulation”
CONTINUE READINGMore Thrills and Chills Ahead! What to Expect in 2024
Here are the key events that will shape climate and energy policy.
We will face some important forks in the road in 2024 in terms of environmental law. Here are some of the upcoming forks. Who will be President in 2025? You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …
Continue reading “More Thrills and Chills Ahead! What to Expect in 2024”
CONTINUE READING2023: The Good, the Bad, and the Ugly
Here’s what happened in the world of energy and environment.
A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt. In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major …
Continue reading “2023: The Good, the Bad, and the Ugly”
CONTINUE READINGThe Children’s Crusade
The latest climate lawsuit is well intended, but it’s almost certain to lose and could do serious harm.
The Children’s Trust has filed another lawsuit, one that gives me serious qualms. I know their hearts are in the right place, but I wish they had thought twice about filing this case. I struggle to find any benefit from the litigation. It has no apparent chance of success. Worse, it disparages people in the …
Continue reading “The Children’s Crusade”
CONTINUE READINGHow Will Americans Learn to Love the Inflation Reduction Act?
Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?
Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. …
Continue reading “How Will Americans Learn to Love the Inflation Reduction Act?”
CONTINUE READINGU.S.-China Climate Deal Means Good Vibes for COP28
Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.
The chances for a productive COP28—the U.N. climate talks that get underway Nov. 30 in Dubai—got a big boost from the recent climate agreement between the U.S. and China, the world’s two biggest polluters. Announced just before President Joe Biden and China leader Xi Jinping met at the APEC Summit in San Francisco, the …
Continue reading “U.S.-China Climate Deal Means Good Vibes for COP28”
CONTINUE READINGHave We Begun the Third Age of Climate Law?
Some thoughts for Environmental History Week.
An international agreement in 1992 committed the world’s nations to addressing climate change but contained few specifics. The US ratified that agreement, but there was little concrete action here through the end of the 20th Century. As this century began, things looked optimistic, with both presidential candidates favoring reductions in carbon emissions. Promptly after taking …
Continue reading “Have We Begun the Third Age of Climate Law?”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
