Climate Change
The Inflation Reduction Act and California Offshore Wind
There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265
Various measures in the Inflation Reduction Act (IRA), signed into law on August 16, 2022, create new momentum for offshore wind in California. However, as with all things in life, it’s never that simple. In this case, the IRA ties offshore wind (OSW) leases to offshore oil and gas auctions and prevents OSW leases from …
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CONTINUE READINGA Three-Prong Attack on Carbon Emissions
A trio of new laws will power the energy transition.
Passage of IRA was clearly a big deal, with nearly $380 billion devoted to climate and other environmental issues. But IRA is only one of the three big climate bills passed in the ten months. The three represent a concerted effort to accelerate the energy transition. The earliest was the Infrastructure Act last November. In …
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CONTINUE READINGDear 1L . . .
You couldn’t have picked a more critical time to come to law school, for the country, the planet, and our future.
Dear 1L: You’ve gotten to law school at a crucial time for the future of the planet. The good news is that you’re arriving at a pivotal point when your work as a lawyer can make a big difference. The bad news is that we have a dwindling amount of time to get the situation …
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CONTINUE READINGMaking Fossil Fuels Pay for Their Damage
A carbon tax doesn’t seem to be in the cards. Maybe a clean-up tax would fare better.
Production and combustion of fossil fuels imposes enormous costs on society, which the industry doesn’t pay for. I want to talk about some options for using the tax system to change that. One option, a tax on carbon dioxide emissions, gets the most attention but seems politically impossible. The closest we’ve ever come to a …
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CONTINUE READINGIRA’s Impact
The new law is a Big Deal. Or more precisely, a REALLY Big Deal.
IRA, the Inflation Reduction Act, is clearly the biggest climate legislation ever passed in the United States. The law will provide $379 billion in subsidies to clean energy in the form of direct payments and tax credits. Subsidies aren’t the ideal way to cut emissions, because it’s impossible to target them to the precise behavioral …
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CONTINUE READINGA Great Day for Climate Policy
A short video explainer of why passage of the IRA bill is such a big deal.
We all have something to celebrate with the House passage of the IRA on Friday. Getting it passed required some difficult compromises, but the bill represents a major step forward. Because of the Mar-a-Lago search, it hasn’t gotten nearly as much attention as it deserves. If you don’t have time for a lot of details, …
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CONTINUE READINGThe Inflation Reduction Act and the Sequencing of Climate Policy
Why subsidies for clean energy generally are preconditions for other climate policies
The Inflation Reduction Act would be, if enacted, the biggest piece of climate legislation that the U.S. Congress has ever passed. As such, it’s gotten a fair amount of coverage attempting to put it into context for the broader scope of climate policy in the U.S. and globally – in particular, this article in Slate …
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CONTINUE READINGWhy We Can’t Wait
In climate policy, delay is deadly.
There are a lot of complaints about the very real flaws in the Inflation Reduction Act, tied with arguments that we should wait until we can do something better. In climate policy, however, waiting is dangerous. We’ve already delayed far too long. Further delay means having to cut emission much more rapidly to make up …
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CONTINUE READINGMaking Climate Policy Work
New book highlights the weaknesses of carbon pricing in addressing climate policy
I have a new post up at JOTWELL reviewing a recent book from Danny Cullenward at the climate think-tank Carbon Plan, and Professor David Victor of UC San Diego. Their book, Making Climate Policy Work, is a terrific overview of the political and administrative weaknesses of carbon pricing as a tool for climate policy. Please …
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CONTINUE READINGThe Major Money Doctrine
Senate passes biggest climate legislation ever.
In June, the Supreme Court trimmed EPA’s power to regulate greenhouse gases. The Court used the “Major Question Doctrine,” which says that issues of “vast political and economic significance” must be decided by Congress. Senate Democrats gave their response on Sunday: the Major Money Doctrine. They passed the Inflation Reduction Act (IRA), which provides over …
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