Energy

A Stealth Climate Bill

There’s more money for climate action tucked away in a must-pass bill.

Surprise! The lame-duck Congress is about to consider another bill with billions of dollars of spending for climate adaptation and emission reductions. Another surprise: the bill is named for Senator James Inhofe. In case you’ve forgotten, he’s the climate change denier who once took a snowball to the Senate floor to disprove climate change. You …

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California’s Secret Weapon: The Scoping Plan

There’s no substitute for a comprehensive policy vision.

The scoping process has been key to California’s success in cutting greenhouse gas emissions.  The process requires the government to assess past progress, project future emissions, and come up with a strategy to meet its climate goals.  In contrast, in many states – and at the federal level – there’s no real mechanism for a …

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Senate 2022: Wisconsin    

Of all the states in play, the Wisconsin race may have the sharpest contrast between view on climate change.

Wisconsin has been a swing state in recent presidential elections. The Senate race there could help determine control of the Senate. The incumbent Republican is a climate change denier. The challenge highlights his support for climate action. Ron Johnson (R). Johnson, the incumbent,  has a 7% lifetime LCV score, meaning he voted against the environment …

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Election 2022: Governors

Four tight races will have big impacts on their states.

Although their powers vary in different states, governors are key figures in setting and implementing climate and energy policies.  There are several very tight races that could have significant policy impacts. They also have indirect impacts via the governor’s role in electoral matters. Elections in these four states are considered toss-ups. The Democrats are all …

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Decarbonizing Aviation

New CLEE report assesses policy options for boosting sustainable airplane travel in California

Register for our free webinar on this topic on Monday, November 7th, 9-10am PT (details below). What actions can California policy makers take to help decarbonize the aviation sector? CLEE is today releasing a new report, Clean Takeoff: Policy Solutions to Promote Sustainable Aviation in California, which offers recommendations for progress. Airplane travel is responsible …

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What Do Pig Pens Have To Do With Environmental Law?

Constitutional Challenge to California’s Animal Welfare Law Could Have Profound Impacts on State’s Environmental Laws

Today the U.S. Supreme Court will hear oral arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State’s environmental laws and policies.  The case is National Pork Producers Council v. Ross, No. 21-468. The National Pork Producers Council litigation arises from an initiative measure–Proposition …

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Scenarios and Uncertainty

Imagining different futures can be the best way to think through options when we don’t know the odds.

In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior.  Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand.  It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …

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Where Are They Now?

Remember Trump’s appointees — Pruitt, Zinke, and the rest? Here’s where they went afterwards.

Trump’s environmental appointees were a motley crew, many lacking in relevant expertise; others with shaky ethical standards. While in office, they were daily sources of torment for environmentalists. Where are they now?  For most, being in the cabinet has been a stepping stone to nowhere. Here’s the Trump crew and their last known whereabouts. David …

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Climate Policy: What’s Happening at the State Level?

Important developments in late summer, some impacting multiple states.

States have played a critical role in U.S. climate policy. The federal government is now supporting that role with federal funding for states. In the meantime, a number of states have moved a step further in plans to phase out gas and diesel vehicles. Two key states have ramped up their plans for carbon neutrality, …

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Does the New Climate Law Expand Regulatory Authority?

It’s not the game changer some people think, but IRA could help in several ways.

There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA.  The answer to that is probably “no.”  However, some IRA provisions will help lawyers  defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …

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