Biotechnology
The Legal Complexities of Deregulating Power Plant Carbon Emissions
The Supreme Court struck down Obama’s powerplant regulation. but it didn’t endorse Trump’s first try either.
We are likely to end up with a Trump rule for powerplant emissions that is much weaker than the Biden rule, but not as weak as EPA’s effort in the first Trump Administration. And the process will take Trump longer this time, with a greater litigation risk.This matters because even a very weak rule may require significant investments in improving powerplant efficiency, which could result in some plant closures.
CONTINUE READINGWhy I Still ♥ IRA
Biden’s climate law has already had a dramatic impact.
With over a half-trillion dollars in clean tech investment to date, the Inflation Reduction Act has left an indelible mark on U.S. climate policy. It’s unlikely that Congress will vote to repeal the whole law, given massive investments in GOP congressional districts. But even if they did, there’s no undoing the investments already made.
CONTINUE READINGLitigating 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 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 READINGSix Things to Know about Rights of Nature
More than 500 Rights of Nature laws and policies have been passed globally. Here’s how to make sense of this nascent movement — or movements.
This Fall, I have been co-teaching a course on Rights of Nature with the historian Jill Lepore. This is the first time either of us have taught the subject and it has proven a wonderful opportunity to explore with our students this emerging movement — one that some have praised as “A Legal Revolution That …
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CONTINUE READINGEarth System Interventions for Sustainability
We actively shape major Earth systems, with increasingly powerful technologies. We should face up to it.
Stewart Brand–a contender for the most interesting living person in the world–famously opened the Whole Earth Catalogue in 1969, “We are as gods and might as well get good at it.” Importantly (and often misunderstood), he meant not that we are gods, but instead that technologies have given humanity powers that had previously been exclusive …
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CONTINUE READINGThe Kolbert Report
Elizabeth Kolbert’s new book asks what it means to protect nature in the Anthropocene.
Elizabeth Kolbert’s new book, Under a White Sky, opens with the story of the battle to keep invasive Asian carp out of the Great Lakes. The problem exists because of two earlier interventions with nature. A century ago, we reversed the flow of the Chicago river to keep the city’s pollutants out of Lake Michigan …
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CONTINUE READINGEngineering Biological Diversity
In a new paper, I introduce the international governance of synthetic biology, gene drives, and de-extinction for conservation.
In addition to climate change — the primary topic of my academic writing — biodiversity loss is the other major global environmental challenge. Like climate change, efforts over the last three decades keep failing to meet agreed-upon objectives. And like climate change, scientists and others are considering novel technologies that would intervene in natural systems …
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CONTINUE READINGGene Drives, Biodiversity Conservation, International Law, and Emerging Politics
My latest article is published by Global Environmental Politics
A set of new biotechnologies are being developed that will force many of us, especially those concerned about biodiversity loss, to re-examine how we understand the relationship between biotechnology and conservation. These are “gene drives,” which would be used to genetically modify, reduce, or eliminate populations of species. My paper “Governing New Biotechnologies for Biodiversity …
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CONTINUE READINGTaking Technology Seriously in Global Environmental Politics
A special issue on new technologies is now available
I am proud to announce a special issue of Global Environmental Politics on new technologies, edited by Simon Nicholson of American University and me, is now available. We write in the introductory essay: Human beings are at once makers of and made by technology. The ability to wield tools was an essential ingredient in propelling an …
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