Climate Change
Banking and Exchange Programs to Mitigate Vehicle Miles Traveled
The 1950s has been called the decade of the American Dream. The United States economy grew by 37 percent, and homeownership surged as suburban houses—equipped with their white picket fences—“sold like hotcakes.” But this American Dream has come at a steep cost. Let’s fast forward to today; more than half a century of government housing …
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CONTINUE READINGTwo Cheers for Tariffs
Stupid climate mitigation is better than none.
So Donald Trump has imposed massive tariffs on Canada and Mexico, and then paused them, and then imposed them again, and then paused them — as always, he is the master of political coitus interruptus. But Canada has not backed off and is maintaining its current retaliatory tariffs: Trump has already promised more and is …
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CONTINUE READINGHow to Lie with Percentages
It’s easy to make something seem big or small, depending on how you present the numbers.
We’re told that a given policy will only reduce U.S. emissions by something like 1%, which sounds trivial. But total U.S. carbon emissions are 4.8 billion tons. One percent of that is 48 million tons, which is a lot of carbon. At the current estimate of the social cost of carbon, reducing U.S. emissions by 1% would prevent $9 billion of harm.
CONTINUE READINGTracking the Trump Administration
Rollbacks of Climate, Energy, and Environmental Policies and Investments
The first month of the Trump Administration has resulted in a dizzying flurry of actions and reactions. Many of us are wondering how to track the status of these actions, including the legal challenges to these actions. Luckily, a number of institutions are keeping track of the range of policy and legal actions that are …
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CONTINUE READINGMaking Polluters Pay for Climate Consequences
A pair of new bills introduced in the California State Legislature would create a climate superfund. Here’s how it would work.
The dramatic increase in extreme weather events has been wreaking havoc on states across the country, from devastating fires, floods, and droughts to rising sea levels. As a member of the Board for the American Red Cross Pacific Coast Region, I have seen firsthand how the organization is responding to twice as many climate-related disasters …
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CONTINUE READINGThe Top-Ten Lower Court Decisions on Environmental Law
Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions.
CONTINUE READINGCongress Lacks Authority to Review California’s Car Waiver
It’s a complicated issue but the answer is clear: the Congressional Review Act does not apply.
States get many kinds of waivers from the federal government. For example, many states (including quite a few Red states) have received waivers from some Medicaid requirements. Overturning the EPA vehicle waiver would expose all state waivers to the risk of being overturned under the Congressional Review Act, contrary to the plain language of that statute.
CONTINUE READINGNew Tools for Communities Seeking to Leverage Energy Infrastructure Projects for Community Priorities
Local action becomes even more important under a new federal regime
The Biden Administration placed substantial emphasis on community benefits mechanisms in federal climate infrastructure investments, building on years of legal and community advocacy work that laid the foundation for federal community engagement standards for project developers. With the Trump Administration taking a different approach at the federal level, the role of stakeholders at the local …
CONTINUE READINGWhat can we learn from EU’s battery regulation?
New CLEE report with model policies to ensure a responsible EV battery supply chain
From cars and trucks to buses and trains, electric vehicles are playing an increasingly vital role in decarbonizing mobility and reducing oil dependence However, this transition brings with it a significant challenge: the immense pressure on battery supply chains. As demand for EVs increases, consumer countries will need to develop and implement policies that address the …
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CONTINUE READINGThe California Car Waiver and the Congressional Review Act
Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.
If the CRA resolution does go through, California should wait until after the midterms, when Democrats are favored to take the House, and then try again with different formulated regulations. When the Trump Administration rejects them, it could then litigate whether the new versions were “substantially the same” as the old ones.
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