Energy

Unraveling Hydrogen: Part I

The first in a series that examines the hype around hydrogen production.

For over a century, supporters of hydrogen energy have billed H2 as the fuel of the future. In his 1874 novel, The Mysterious Island, Jules Verne wrote that “water will one day be employed as fuel, that hydrogen and oxygen which constitute it, used singly or together, will furnish an inexhaustible source of heat and …

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Here’s a New Acronym: CBAM. You’re Going to be Seeing It a Lot.

European Union flag

The EU has taken a major step to pressure global industries to clean up their act.

In December, the EU provisionally adopted a carbon tariff on imports. The official name is the Carbon Border Adjustment Mechanism, or CBAM for short. The purpose of the mechanism is that EU companies, unlike many in other countries, have to pay a price for the carbon emitted in manufacturing. They need a border adjustment to …

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Is Bipartisanship Possible?

An image of the U.S. Capitol Building in the evening.

It’s not easy in today’s polarized politics. But maybe it’s not completely off the table.

We are now, as so often, in a time of divided government. That makes bipartisan cooperation necessary. We are also in a time of hyper-partisanship.  The problem may be compounded by the concessions made by McCarthy to the far Right in order to become Speaker.  Nevertheless, there may be some opportunities for cooperation across party …

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Whose Major Questions Doctrine?

There are two versions of the doctrine. One of them is more dangerous.

When it  struck down Obama’s signature climate regulation in West Virginia v. EPA, the Supreme Court formally adopted the major questions doctrine as a way to synthesize prior anti-regulatory rulings.  The major questions doctrine (MQD to insiders) has gotten a lot of attention. One thing that’s been overlooked, however, is that there are two versions …

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30 Years of U.S. Climate Policy

Here’s a timeline of the victories and defeats since 1992.

Thirty years ago, the United States joined the U.N. Framework Convention on Climate Change (UNFCCC). The decades since then have been a saga of victories and defeats for U.S. climate policy.  Progress has been made under one President, only to be battered down by the next one. This to-and-fro is a sobering reminder of how …

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Advances in State Climate Policy

Despite the distractions of a national election, there were important developments around the country.

Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the Feds in climate policy. There were important developments in a multitude of states. California remained a hotspot for climate action. In terms of transportation emissions, the California Air Resources Board (CARB) approved …

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LA’s big step toward building electrification

A photograph of Los Angeles, taken at night

Los Angeles is about to require that new buildings be electric, but there’s a bigger decarbonization hurdle waiting.

The City of Los Angeles is going into the new year with a big new building-decarbonization ordinance: starting this year, nearly all new buildings in the city will have to be entirely electric. This means that, with few exceptions, new buildings will need to exclusively use electric appliances, and will not be allowed to contain …

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The Year Ahead

Here are the top ten environment and energy developments to watch for.

Here we are, starting another year.  Last year turned out to have some major environmental developments. The most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy.  Here’s quick rundown of what …

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The Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022

Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year

I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law.  That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …

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That Was The Year That Was

The Biggest Environmental Stories of 2022

A lot has happened on the environmental front. Here are the biggest stories of 2022. Congress passed the Inflation Reduction Act, providing $369 billion in tax credit and spending to reduce carbon emissions. California banned the sale of new gas cars in 2035, with several other states now agreeing to follow suit. The Democrats lost …

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