Climate Change
What the Supreme Court Left Standing
No, the Court didn’t eliminate EPA’s ability to fight climate change.
The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. Here’s the EPA authority the Court hasn’t touched: EPA’s jurisdiction over greenhouse gases. …
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CONTINUE READINGDeclaring a Climate Change Emergency: A Citizen’s Guide
Would it be legal to declare a national emergency for climate change? Would it be useful? Here’s what you need to know.
Based on press reports, it now seems likely that Biden will soon declare climate change to be a national emergency. Would this be legal? Would it unlock important powers that could be used to fight climate change? My answers are: It would probably be legal, and it would unlock some significant powers. But an emergency …
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CONTINUE READINGClimate Change and the Major Question Doctrine
Just because a regulation involves climate change, that doesn’t make it a major question.
Red State AGs are preparing to go to town with the West Virginia case. They seem to think that everything involving climate change automatically becomes a major question. That’s simply wrong. The doctrine is more nuanced. Recall that the Supreme Court struck down OSHA’s vaccine mandate, essentially on major questions grounds, but the majority found …
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CONTINUE READINGMaking Heat Pumps Accessible and Affordable to Decarbonize Buildings
New policy report on solutions to improve deployment of heat pump technologies in existing buildings | Webinar July 19
Join us for a webinar to discuss the report findings with leaders on July 19 at 1 pm PT. RSVP here You may have seen heat pumps (or #heatpumpnation) in the news recently and wondered, what really is this device? How do heat pumps relate to building decarbonization goals, national security, and climate mitigation efforts? …
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CONTINUE READINGThe Revolution, the Enlightenment and the Climate Crisis
The Founding Era’s belief in facts and science has too often been replaced with political identity as a test of truth.
The Declaration of Independence is a document deeply rooted in the Enlightenment. The Declaration begins with a note of cosmopolitanism, referring to “a decent respect to the opinions of mankind.” There is then the famous passage declaring “these truths to be self-evident, that all men are created equal, that they are endowed by their Creator …
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CONTINUE READINGWest Virginia v. EPA: A Quick Explainer
This video lays out the issues, what the Court did, and where EPA can go from here.
CONTINUE READINGEPA’s Best Option: Co-Firing
Yesterday’s decision leaves open a powerful regulatory tool.
What can EPA do to cut carbon emissions from coal-fired power plants after yesterday’s decision in West Virginia v. EPA? The decision clearly ruled out any direct mandate to shift generation from coal generators to cleaner power generators. But the Supreme Court didn’t endorse Trump’s ultra-limited interpretation of the law either. This leaves EPA with …
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CONTINUE READINGThe Supreme Court Curbs Climate Action
The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.
Today, the Supreme Court decided its most important environmental case since 2007. We didn’t dodge the bullet. It’s more than a flesh wound but it didn’t hit any vital organs . Chief Justice Roberts’s majority opinion leaves EPA other options to reduce carbon emissions from coal-fired power plants. It also gives a fairly narrow reading …
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CONTINUE READINGWill Russia “Win” the Climate Crisis?
It’s complicated. But probably not.
The conventional view is that climate change is going to be a great thing for Russia. The reason is pretty obvious: a lot of Russia is cold and icy right now; warming will be an improvement. That’s likely to be true in some ways, but warming may be a mixed blessing. Whether what is good …
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CONTINUE READINGSouth Korea and Climate Change
A small country, but a significant carbon emitter.
Little known fact: The ninth largest carbon emitter in the world is South Korea. What is South Korea doing to cut its emissions? That answer, in brief, is that it has adopted the right kinds of policies, but may need to up its level of ambition. Even so, it compares favorably with the national governments …
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