Climate Change

Tracking the Trump Administration

Rollbacks of Climate, Energy, and Environmental Policies and Investments

The first month of the Trump Administration has resulted in a dizzying flurry of actions and reactions. Many of us are wondering how to track the status of these actions, including the legal challenges to these actions.  Luckily, a number of institutions are keeping track of the range of policy and legal actions that are …

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Making Polluters Pay for Climate Consequences

A protest sign

A pair of new bills introduced in the California State Legislature would create a climate superfund. Here’s how it would work. 

The dramatic increase in extreme weather events has been wreaking havoc on states across the country, from devastating fires, floods, and droughts to rising sea levels. As a member of the Board for the American Red Cross Pacific Coast Region, I have seen firsthand how the organization is responding to twice as many climate-related disasters …

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The Top-Ten Lower Court Decisions on Environmental Law

Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.

The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions. 

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Congress Lacks Authority to Review California’s Car Waiver

It’s a complicated issue but the answer is clear: the Congressional Review Act does not apply.

States get many kinds of waivers from the federal government. For example, many states (including quite a few Red states) have received waivers from some Medicaid requirements. Overturning the EPA vehicle waiver would expose all state waivers to the risk of being overturned under the Congressional Review Act, contrary to the plain language of that statute.

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New Tools for Communities Seeking to Leverage Energy Infrastructure Projects for Community Priorities

Local action becomes even more important under a new federal regime

The Biden Administration placed substantial emphasis on community benefits mechanisms in federal climate infrastructure investments, building on years of legal and community advocacy work that laid the foundation for federal community engagement standards for project developers. With the Trump Administration taking a different approach at the federal level, the role of stakeholders at the local …

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What can we learn from EU’s battery regulation?

New CLEE report with model policies to ensure a responsible EV battery supply chain

From cars and trucks to buses and trains, electric vehicles are playing an increasingly vital role in decarbonizing mobility and reducing oil dependence However, this transition brings with it a significant challenge: the immense pressure on battery supply chains. As demand for EVs increases, consumer countries will need to develop and implement policies that address the …

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The California Car Waiver and the Congressional Review Act  

Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.

If the CRA resolution does go through, California should wait until after the midterms, when Democrats are favored to take the House, and then try again with different formulated regulations. When the Trump Administration rejects them, it could then litigate whether the new versions were “substantially the same” as the old ones.

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The Trump Administration Is Trying an End Run Around Revoking California’s Car and Truck Rules

Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.

Last Friday, EPA’s Administrator Lee Zeldin announced a new and unprecedented way to try to prevent California from implementing its ambitious program to move toward 100 percent zero emission vehicles. This time around, the Trump Administration is trying a new tactic.  Rather than revoking EPA’s decision (called a waiver) to allow California’s program to move …

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What Happens If EPA Revokes the Endangerment Finding?

The action would mean full-blown warfare against all things climate.

We are likely to learn next week if the Trump Administration will eviscerate the most important climate regulations the Biden Administration issued over the last four years. Under Trump’s “Unleashing American Energy” Executive Order, EPA Administrator Lee Zeldin is supposed to recommend by February 19 whether to reverse the central basis for much of the …

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Why I Still ♥ IRA

Biden’s climate law has already had a dramatic impact.

With over a half-trillion dollars in clean tech investment to date, the Inflation Reduction Act has left an indelible mark on U.S. climate policy. It’s unlikely that Congress will vote to repeal the whole law, given massive investments in GOP congressional districts. But even if they did, there’s no undoing the investments already made.

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