Climate Change

The Unique Legal Context of EPA Methane  Regulations

Three separate congressional actions intersect to support the regulations.

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions:  section 111 of the Clean Air Act,  which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.  The upshot is to …

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Climate Justice, Climate Finance and Pragmatism for Tropical Jurisdictions at COP28

Exploring the urgency of subnational climate action: insights from COP28 on financing tropical forest conservation, indigenous empowerment, and sustainable livelihoods by the Governors’ Climate and Forests Task Force network.

The Governors’ Climate and Forests Task Force (GCF Task Force) engaged in the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Dubai, marking a pivotal moment in the global climate dialogue. This significant international forum serves as a crucial platform where nations, subnational entities, and …

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Dr. King, Community, and Climate

 Climate policy turns on an issue highlighted by Dr. King: Whose suffering counts?

“A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.” Those words are from a 1967 speech delivered at Riverside Church by Dr. …

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The Bumper Crop of New State Climate Policies Since July.

State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …

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Election 2024: Climate Action vs. Radical Deregulation

Voters should consider the radical, right-wing deregulation agenda that would await on Day One of a second Trump administration.

The Iowa Caucuses are 12 days away. The South Carolina Republican Primary comes 5 weeks later. And just two weeks after that is Super Tuesday. In the lead up to all these primary contests, anti-democracy candidate Donald Trump continues to march toward capturing the GOP nomination with a commanding lead in national polls. While headlines …

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More Thrills and Chills Ahead!  What to Expect in 2024

Here are the key events that will shape climate and energy policy.

We will face some important forks in the road in 2024 in terms of environmental law.  Here are some of the upcoming forks. Who will be President in 2025?  You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …

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California Courts Foil Westlands Water District’s Grinch-Like Water Grab

Westlands’ Efforts to Permanently Privatize California Water Opposed by Unique Coalition & Rejected by Skeptical Judges

While there’s a great deal that’s dysfunctional and downright wrong about water law and policy in California, occasionally there are positive developments to report.  So it’s most satisfying to end 2023 with some good news regarding water in the Golden State. This is the saga of how the Westlands Water District tried to privatize a …

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2023: The Good, the Bad, and the Ugly

Here’s what happened in the world of energy and environment.

A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt.  In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major …

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The Environmental Gifts of the Magi

Clean air. Clean water. We receive these public goods every day without payment, as gifts from everyone to all of us.

One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. Stewart’s character is feeling suicidal, until he learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming if also very corny. There’s a flip side to that story: the need to remember how much others have contributed …

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 Dreamin’ of a White Christmas 

It didn’t start out as a song about climate change, but it could be prophetic.

To the modern ear, it sounds like a song about climate change: I’m dreaming of a white Christmas Just like the ones I used to know Where the treetops glisten And children listen To hear sleigh bells in the snow The song actually isn’t about climate change — the lead-in, which is much less familiar, …

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