Climate Change
Local Authority Over Oil Drilling Heads to California Supreme Court
Cities and counties have long held authority to decide where and whether to allow oil and gas exploration and extraction. The state’s high court can make that crystal clear.
If California residents decide by voter initiative to limit land uses for oil and gas extraction in their county, can fossil fuel businesses turn around and claim state preemption to overturn the voice of the voters? That’s what is at issue in a case that’s headed to the State Supreme Court. Oral arguments in this …
Continue reading “Local Authority Over Oil Drilling Heads to California Supreme Court”
CONTINUE READINGThe Winding Path of Australian Climate Policy
After many travails, the country now seems to be headed in the right direction.
On a per capita basis, Australia’s carbon emissions are even higher than the United States. A decade ago, Australia had a climate tax. That was repealed in 2014, and the ensuing period saw little progress. In the past two years, however, the things have started trending upward after years of inaction by conservative governments. More …
Continue reading “The Winding Path of Australian Climate Policy”
CONTINUE READINGTaming the Dormant Commerce Clause
A new Supreme Court opinion is good news for state climate regulators.
Although the Constitution does not say so directly, the Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce.. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier …
Continue reading “Taming the Dormant Commerce Clause”
CONTINUE READINGThe Philanthropy Gap
Spending relating to climate change is far too low given the urgency of the situation.
Larry Kramer, who heads the Hewlett Foundation, pointed out in a speech five years ago that climate change accounted for less than 2% of foundation spending. He called upon “anyone who cares about our children’s and grandchildren’s futures to step forward.” The situation has gotten only a bit better since 2017. In 2020, according to a McKinsey …
Continue reading “The Philanthropy Gap”
CONTINUE READINGNew York Adopts Cap and Trade
Yes, the new NY law includes some bans on natural gas. That’s far from all it does.
Last week, New York Gov. Kathy Hochul signed major climate legislation. Press coverage focused on one small piece of the legislation: a partial ban on natural gas use in new buildings. That’s controversial and easily grasped by the public. But a much bigger part of the new law went almost unnoticed: the legislature’s endorsement of …
Continue reading “New York Adopts Cap and Trade”
CONTINUE READINGMexico y el Cambio Climático
There is much to celebrate tomorrow on Cinco de Mayo. But probably not Mexican climate policy.
President Andrés Manuel López Obrador (generally known as AMLO) could be described as a left-leaning populist. Like other populist leaders, he has not been friendly to climate action. In November, Mexico ramped up its 2030 commitment under the Paris Agreement from 22% to 35%. That sounds like great news, but there may be less to …
Continue reading “Mexico y el Cambio Climático”
CONTINUE READINGJob-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 READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
