Climate Change
Job-Killing Rollbacks
The GOP debt ceiling bill is a dagger aimed at the American economy. (Not to mention the planet)
The debt ceiling bill passed by House Republicans would eliminate tax credits for new emissions credits for nuclear energy, renewable energy manufacturing, domestic sourcing of electric vehicle components, hydrogen production and extensions of the wind and solar production credits. It was a remarkable smackdown of American industry and, if enacted, a big win for foreign …
Continue reading “Job-Killing Rollbacks”
CONTINUE READINGSupreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …
CONTINUE READINGUnprecedented Legal Questions
The climate crisis is unprecedented. So is its legal fallout.
In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing …
Continue reading “Unprecedented Legal Questions”
CONTINUE READINGThree Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision
This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.
On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly …
Continue reading “Three Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision”
CONTINUE READINGBuilding Climate Resilience in California’s Insurance Sector
New report recommends strategies to prepare industry for a changing climate and economy – plus interview with Insurance Commissioner Lara
California’s insurance sector faces significant risks from climate change. These include both the transition risks facing all financial institutions as the global economy shifts toward decarbonization, and the singular combination of physical risks–wildfire, drought, coastal hazards, extreme heat—that threaten California’s communities and businesses. Accurately assessing these risks will be vital to ensuring the long-term viability …
Continue reading “Building Climate Resilience in California’s Insurance Sector”
CONTINUE READINGThe Latin American Lithium Industry is at a Crossroads
Policies set now by Argentina, Bolivia and Chile could determine the course of lithium mining—and the fight against climate change.
It may be one of the most overused clichés favored by headline writers, but nonetheless, it is true that the Latin American lithium industry is at a crossroads. The regulatory decisions made by the Governments of Argentina, Bolivia, and Chile in the following months and years will set the course for the lithium industry, …
Continue reading “The Latin American Lithium Industry is at a Crossroads”
CONTINUE READINGThe Revenge of the Lawyers
Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.
As you’ve probably heard, the Biden Administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress …
Continue reading “The Revenge of the Lawyers”
CONTINUE READING2150 and Beyond
Climate change’s long term effects on the planet will be profound.
Most climate change projections end at the end of this century. When the IPCC issued its first report, however, 2100 was 110 years in the future. Looking that far ahead right now would bring us closer to 2150 than to 2100. We’re only beginning to get a sense of the impacts of climate change that …
Continue reading “2150 and Beyond”
CONTINUE READINGCan the New Climate Laws Transform our Transportation Infrastructure?
The IIJA and IRA will spend a lot of money on transportation—but whether they’ll create fundamental change in our infrastructure or continue business as usual will depend on how that money is used.
This is the last in our series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, the second post, on transmission infrastructure, and RSVP for the Symposium here! Transportation is one of the most complicated …
Continue reading “Can the New Climate Laws Transform our Transportation Infrastructure?”
CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
Continue reading “U.S. Climate Law: A Broad & Rapidly Growing Field”
CONTINUE READING