Climate Change
Unprecedented 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 …
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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 …
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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 …
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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, …
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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 …
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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 …
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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 …
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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 …
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CONTINUE READINGThe Social Cost of George W. Bush
Bush promised climate action but reversed himself. The result: billions of dollars in global harm.
When Bush ran for President in 2000, he endorsed mandatory limits on CO2 emissions. Within three months of taking office, he reversed himself to the dismay of some members of his own administration. The upshot was that the US resisted any effort to address climate change and embraced a “drill baby drill” energy policy. You …
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CONTINUE READINGThe Texas Paradox
Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?
I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas. Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry …
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