Climate Change
Montana “Youth Citizens” Win Landmark Climate Change Trial
Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies
A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials. In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies. The “youth citizen” …
Continue reading “Montana “Youth Citizens” Win Landmark Climate Change Trial”
CONTINUE READINGConstraints on Rollbacks
Regulations have some sticking power, even when the White House changes hands.
The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …
Continue reading “Constraints on Rollbacks”
CONTINUE READINGWhat Next for the Climate Tort Cases?
Cases against the oil companies are back to state court. It’s time to map out the next steps.
With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront. The oil companies will fight a scorched earth campaign, spending …
Continue reading “What Next for the Climate Tort Cases?”
CONTINUE READINGCalifornia Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …
CONTINUE READINGBiden’s Proposed Power Plant Rule is a Solid First Step
The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.
On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …
Continue reading “Biden’s Proposed Power Plant Rule is a Solid First Step”
CONTINUE READINGComparing the Risks of Climate Change and Geoengineering
The OSTP has adopted a ‘risk-risk’ framing in its report on geoengineering research: will this help or hinder sound climate policy?
Last month’s report on solar geoengineering research from the White House Office of Science and Technology Policy (OSTP) consolidated a shift in the discourse on this controversial technology. Over recent years advocates for more research have increasingly adopted a ‘risk-risk’ framing. As Gernot Wagner puts it in ‘Geoengineering: the Gamble’: “The decision is all about …
Continue reading “Comparing the Risks of Climate Change and Geoengineering”
CONTINUE READINGEPA and the Student Loan Decision
Will the major questions doctrine block EPA’s proposed rules?
Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …
Continue reading “EPA and the Student Loan Decision”
CONTINUE READINGJohn Kerry’s China Visit was a Success (Sort of)
There was no big climate announcement. But that wasn’t really the purpose of the U.S. climate envoy visiting Beijing.
U.S. climate envoy John Kerry just wrapped up three days of talks with top Chinese officials in Beijing and doesn’t have a lot to show for it: There was no joint agreement or grand bargain. Chinese officials did not signal willingness to commit to a speedier timetable for cutting their greenhouse gas emissions or slowing …
Continue reading “John Kerry’s China Visit was a Success (Sort of)”
CONTINUE READINGIndividuals Making a Difference
Two stories of the unknown environmental advocates behind major Supreme Court decisions.
My students often wonder whether they can actually make a difference. I like to tell them the story of Joe Mendelsohn. Mendelsohn, who worked at a tiny, obscure non-profit, decided that EPA needed to address climate change. His efforts, recounted in a book by Richard Lazarus, led to the Supreme Court’s blockbuster opinion in Massachusetts …
Continue reading “Individuals Making a Difference”
CONTINUE READINGNot Just About the Climate
The benefits of the energy transition transcend climate.
The main reason to control carbon is to protect the climate. But cleaning up the energy system has plenty of other benefits. Those benefits will flow to people in rural areas as well as urban ones, to national security and international development, and to nature itself. To begin with, there are the health benefits of …
Continue reading “Not Just About the Climate”
CONTINUE READING