Climate Change

Deconstructing Today’s U.S. Supreme Court Arguments in Utility Air Regulatory Group

The EPA Could Well Lose This Challenge to Its Greenhouse Gas Reduction Efforts

The Supreme Court heard oral arguments today in the most important environmental law case of the current Term: Utility Air Regulatory Group v. Environmental Protection Agency. Based on those arguments–and, more importantly, the justices’ questions and comments–it appears that EPA’s efforts to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s …

CONTINUE READING

Previewing Next Week’s Climate Change Arguments in the U.S. Supreme Court

Big Stakes and Big Players in This Year’s Biggest Environmental Case

On Monday, the Supreme Court will hear oral arguments in the biggest environmental law case of its current Term, Utility Air Regulatory Group v. EPA. Legal Planet colleagues Ann Carlson and Dan Farber have already posted their thoughts on the case. Let me add mine. Utility Air Regulatory Group involves EPA’s authority to regulate stationary …

CONTINUE READING

Would Californians be Better Off with a Fuel Tax instead of Cap-and-Trade?

Steinberg’s surprising proposal for California climate regulation

Climate regulation drama!  Sen. Darrell Steinberg is floating a proposal that would change California law to take transportation fuels out of the cap-and-trade program, and to enact a new fuels tax instead.  As background, distributors of those fuels are slated to join the cap-and-trade program in 2015, meaning they would need allowances to cover their …

CONTINUE READING

What Are the Possible Outcomes in U.S. Supreme Court Greenhouse Gas Case?

Court likely to rule in favor of EPA

Next Monday, the U.S. Supreme Court will hear oral arguments in Utility Air Regulatory Group (UTAG) v. EPA.  I’ve previously described what is at stake in the case here and here and, in the interest of full disclosure, helped author a brief in support of EPA’s position.   The oral arguments might begin to reveal how …

CONTINUE READING

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, …

CONTINUE READING

Wyoming Wind Power and California Electricity

Supporting renewable energy in Wyoming makes political sense

A company wants to build a lot of wind power in Wyoming.  A lot.  3,000 megawatts.  The size of three nuclear reactors.  And ship all of the power to California.  None of it will be used in Wyoming, where electricity primarily comes from coal, and where the state has been strongly resistant to various policies …

CONTINUE READING

Berkeley Law Amicus Brief Highlights Benefits of Transit-Oriented Development

Smart growth alternatives would help end the vicious cycle of highway expansion and housing sprawl in San Diego region

Berkeley Law’s Center for Law, Energy & the Environment (CLEE) filed an amicus brief last week in a California Court of Appeal case with far-reaching implications for development, transportation, and California’s climate goals. The case, Cleveland National Forest Foundation v. San Diego Association of Governments (SANDAG), challenges the State’s first Regional Transportation Plan/Sustainable Communities Strategy …

CONTINUE READING

How Legalizing Marijuana Could Help Fight Climate Change

The link between indoor grow operations and energy data

Now that the two states that just legalized marijuana sent their football teams to the Superbowl this year, it’s clear that the stars are aligning for legalizing marijuana nationwide. Sure, legalizing marijuana makes fiscal, moral, and practical sense, but what about the benefits to the environment? Well, it turns out that even the fight against …

CONTINUE READING

Pine Beetles, Environmental Law, and Climate Change Adaptation

Inflexible laws may be the best response to climate change

Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta.  As a result of warmer winter weather because of climate change, …

CONTINUE READING

A Bridge Made of Natural Gas Is a Shaky Thing

When will we start to manage our natural gas resources?

For the last half century, domestic natural gas policy has looked something like this: Natural gas is the cleanest of the fossil fuels. It is versatile and economical. So, let’s pull it out of the ground and use it as fast as we can. In the last decade, the policy has been appended to include …

CONTINUE READING

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING