Federal Climate Policy Archives - Page 59 of 60

Federal Climate Policy

Plain Language, Climate Change, and the Supreme Court

The language of the statute relating to next week’s argument is clear — but there’s a fly in the ointment.

The Supreme Court will be hearing argument next week in Utility Air Regulatory Group v. EPA. It’s basically a very simple statutory interpretation case, except for two things. First, it’s about climate change, and nothing about climate change ever seems to be simple and straightforward. Second, although the language of the statute, prior Supreme Court precedent, …

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Is It Unconstitutional for the President to Implement Major New Policies by Regulation?

According to the Supreme Court, when statutes are unclear, the President is supposed to make policy judgments. That’s not unconstitutional — it’s just business as usual.

The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law. But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives. The only real …

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Emmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District

UCLA’s Emmett Center filed an amicus curiae brief yesterday in Utility Air Regulatory Group (UARG) v. EPA, the U.S. Supreme Court case that will determine whether EPA’s greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid. Arguing on behalf of the South Coast Air Quality …

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The Quiet Failure of Climate Denial in 2013

2013 Wasn’t A Good Year for the Opponents of Climate Science

The latest IPCC report proves that scientists are unwavering in their view that human carbon emissions are causing dangerous climate change. In the scientific world, climate denial has no traction. It isn’t gaining traction in the judicial or congressional worlds either. First, the judiciary. A three-judge panel of the D.C. Circuit, headed by a conservative …

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The Significance of EPA’s Proposed Power Plant Standards

Although they won’t have immediate impacts, EPA’s proposed rules for new coal plants will indirectly help shape the future of the industry.

There’s an uproar over EPA’s proposed rules for CO2 emissions from new coal plants, even though no one expects anyone to build a new coal plant for at least a decade. I’ve argued (here and here) that the industry won’t have standing to challenge the rules because they won’t have any imminent impact. In fact, …

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The Rhetoric of Cap and Trade

Different ways of framing the concept of cap and trade help drive the public debate.

Discussions of cap and trade tend to frame it in various ways, which often skews the debate. These different frameworks guide the thoughts of both supporters and critics, sometimes in surprising ways. There are four different ways to talk about cap and trade, and they tend to lead the debate in very different directions. The …

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The Olympics of Climate Change: Warsaw 2013

What to know, where to watch

It’s that time again! The United Nations’ COP19/CMP9 Climate Change Conference kicked off this week in Warsaw, the start of two weeks of international discussion on climate change. The conference hosts the parties to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, as a yearly update and check-in on these treaties, …

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Standing for Coal?

In a previous post I questioned whether anyone would have standing to challenge EPA’s new plant regulations for coal plants, considering that coal plants are current uneconomical anyway due to low natural gas prices. I was pleased that Inside EPA wrote a story about my argument, and even more pleased that the story reported on …

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Will Anyone Have Standing to Challenge EPA’s Rules for New Coal Plants?

EPA has issued rules that will essentially require new coal plants to use carbon capture and sequestration, a technology that has not been implemented at full scale yet. No doubt that coal industry and utilities will try to challenge the rules in court. But they probably lack standing to do so for a simple reason: …

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Executive Order calls for climate adaptation

Presidential directive holds potential to move federal adaptation efforts forward, but implementation will be the key.

Cross-posted at The Berkeley Blog. Today, President Obama issued an Executive Order intended “to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience.” In some respects, this order simply continues ongoing efforts. Under this administration, the executive branch has already been doing a great deal of …

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The Supreme Court’s Top-10 Environmental Law Decisions

If these decisions had come out differently, environmental law would look very different than it does today.

Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

30 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.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

A 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.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Why 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.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Federal Climate Policy

The language of the statute relating to next week’s argument is clear — but there’s a fly in the ointment.

According to the Supreme Court, when statutes are unclear, the President is supposed to make policy judgments. That’s not unconstitutional — it’s just business as usual.

2013 Wasn’t A Good Year for the Opponents of Climate Science

Although they won’t have immediate impacts, EPA’s proposed rules for new coal plants will indirectly help shape the future of the industry.

Different ways of framing the concept of cap and trade help drive the public debate.

What to know, where to watch

Presidential directive holds potential to move federal adaptation efforts forward, but implementation will be the key.

TRENDING

If these decisions had come out differently, environmental law would look very different than it does today.

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

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.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

The state’s home energy financing program remains modest and needs to scale

People who care about the environment may not be voters. Can that be changed?

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Current law penalizes adaptation measures because of the risk of takings liability.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Probably not. But also possibly yes.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The barriers are still huge — but we can also envision a path to success.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”