Climate Change

A Big Win for Climate Regulation

The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

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Climate Change, Big Energy & The U.S. Supreme Court–What Could Possibly Go Wrong?

BP v. Baltimore Is First Environmental Case To Come Before Newly-Reconstituted High Court

On Tuesday, the U.S. Supreme Court will hear oral arguments in its first environmental case of the 2020-21 Term.  That case, BP PLC v. Mayor and City Council of Baltimore, involves an important, nationwide climate change litigation trend, and will provide the first indication of the post-Ginsburg Court’s attitude towards environmental law and litigation generally. The Baltimore case is …

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Today Versus 2008

Despite Trump’s efforts, he couldn’t actually reset the clock to the pre-Obama era.

Obama moved us forward. Trump moved us backwards. Are we back where we began? No. Biden starts from a significantly stronger position than Obama did in 2008. In 2008, like today, the outgoing Republican President had adamantly opposed climate action, favored the oil and gas industry, and turned a cold shoulder toward environmental regulation.  Trump …

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Agriculture As A Climate Solution

New CLEE / Berkeley Food Institute report on how to promote regenerative agriculture

The climate fight should ultimately benefit all communities, just as they are all part of the solution. Agricultural communities are no exception. Farmers and ranchers can implement climate-friendly techniques that both sequester carbon and boost profits and long-term sustainability (sometimes referred to as “regenerative agriculture”). Examples of these practices include crop diversification and rotation, cover …

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Climate Politics and the Urban-Rural Split

How do we sell climate policies to huge swathes of Trump country?

The 2020 elections revealed America as bitterly divided as ever. The split between rural and urban voters is intensifying, with rural voters delivering massive support to Trump and down ticket Republicans.  Success in decarbonizing the economy will ultimately require the support of those voters.  Short of a miraculous turnaround in attitudes about climate change, how …

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The Year Ahead

Nine key developments to watch for on the environmental front.

2020 was a tumultuous year. Hopefully, 2021 will be balmier.  Widespread use of vaccines will hopefully tame the COVID-19 pandemic, and maybe the political world will settle down a bit too.  Here are nine key things to watch for in terms of environmental policy. The Georgia runoff elections. Currently, the Republicans look likely to control …

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The Ninth Circuit’s 10 Most Important Environmental Law Decisions of 2020

Climate Change, California v. Trump Cases Lead the List

This is the second of three year-end posts on the most important environmental law decisions in 2020 from the U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit and California Supreme Court.  (The key U.S. Supreme Court rulings were the focus of yesterday’s post, and tomorrow’s will feature California Supreme Court decisions.) Today, …

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Everyday Christmas: The Gift of the Commons

Clean air. Clean water. We receive these public goods every day without payment

One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. Stewart is despondent about his life but then learns how much he has unknowingly helped others and how grateful they are. There’s a flip side to that story: the need to remember how much others have contributed to our own lives.  …

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Hitching a Ride on the Omnibus

In a holiday gift from Congress, environmental gains arrive in an overstuffed spending bill.

The massive omnibus bill that just passed Congress contains a bevy of environment friendly provisions.  Despite some last-minute tweeted complaints from Trump about the bill, those provisions are likely to make their way into law. Given that the Senate and the White House are in Republican hands,  it’s a wonder when such provisions sneak through …

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Biden’s Green Team

Here are the six who will lead the way on environment and energy issues.

Biden’s choices to head particular agencies have trickled out over the past few weeks.  It’s only when you put them together that you get a sense of the overall time.  It’s a very diverse group, all of whom seem to have strong environmental commitments. Pete Buttigieg, Department of Transportation.  Buttigieg is a well-known figure from …

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