Climate Change
The Biden Power Plant Rule and the Major Question Doctrine
The new rule has hardly any of the features that caused the Supreme Court to strike down the Obama rule.
We’ve already started to hear claims that the Biden power plant rule falls under the major question doctrine, which the Supreme Court used to strike down Obama’s Clean Power Plan. Are those claims plausible? Consider the aspects of the Clean Power Plan that the Supreme Court found objectionable. I’ve identified eight factors that the Court …
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CONTINUE READINGEnvironmental Law Again Front-and-Center at California Supreme Court
Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices
For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …
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CONTINUE READINGLocal 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 …
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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 That was repealed in 2014, and the ensuing period saw little progress.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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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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 …
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