Federal Climate Policy Archives - Page 12 of 61

Federal Climate Policy

Two Months from Election Day

Who will get control of the Senate? And why does that matter for the environment?

We’re now two months from election day. This is a challenging electoral cycle for the Democrats, given inflation, the continuing effects of COVID, the economic impact of the war in Ukraine, and other woes. With turnout possibly boosted by the overruling of Roe v. Wade and other developments, Democrats do have a good chance of …

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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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The Inflation Reduction Act and California Offshore Wind

There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265

Various measures in the Inflation Reduction Act (IRA), signed into law on August 16, 2022, create new momentum for offshore wind in California. However, as with all things in life, it’s never that simple. In this case, the IRA ties offshore wind (OSW) leases to offshore oil and gas auctions and prevents OSW leases from …

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A Three-Prong Attack on Carbon Emissions

A trio of new laws will power the energy transition.

Passage of IRA was clearly a big deal, with nearly $380 billion devoted to climate and other environmental issues. But IRA is only one of the three big climate bills passed in the ten months. The three represent a concerted effort to accelerate the energy transition. The earliest was the Infrastructure Act last November. In …

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IRA’s Impact

The new law is a Big Deal. Or more precisely, a REALLY Big Deal.

IRA, the Inflation Reduction Act, is clearly the biggest climate legislation ever passed in the United States. The law will provide $379 billion in subsidies to clean energy in the form of direct payments and tax credits. Subsidies aren’t the ideal way to cut emissions, because it’s impossible to target them to the precise behavioral …

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A Great Day for Climate Policy

A short video explainer of why passage of the IRA bill is such a big deal.

We all have something to celebrate with the House passage of the IRA on Friday. Getting it passed required some difficult compromises, but the bill represents a major step forward. Because of the Mar-a-Lago search, it hasn’t gotten nearly as much attention as it deserves. If you don’t have time for a lot of details, …

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The Inflation Reduction Act and the Sequencing of Climate Policy

Why subsidies for clean energy generally are preconditions for other climate policies

The Inflation Reduction Act would be, if enacted, the biggest piece of climate legislation that the U.S. Congress has ever passed. As such, it’s gotten a fair amount of coverage attempting to put it into context for the broader scope of climate policy in the U.S. and globally – in particular, this article in Slate …

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Why We Can’t Wait

In climate policy, delay is deadly.

There are a lot of complaints about the very real flaws in the Inflation Reduction Act, tied with arguments that we should wait until we can do something better. In climate policy, however, waiting is dangerous. We’ve already delayed far too long. Further delay means having to cut emission much more rapidly to make up …

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The Major Money Doctrine

Senate passes biggest climate legislation ever.

In June, the Supreme Court trimmed EPA’s power to regulate greenhouse gases. The Court used the “Major Question Doctrine,” which says that issues of “vast political and economic significance” must be decided by Congress. Senate Democrats gave their response on Sunday: the Major Money Doctrine. They passed the Inflation Reduction Act (IRA), which provides over …

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Two and a half cheers for the IRA

Climate legislation sets the stage not just for decarbonization now, but greater policy success later on

The announcement of the legislative deal (the Inflation Reduction Act of 2022) between Senator Joe Manchin (D-WV) and the Democratic Senate leadership was a bid deal in climate policy. The legislation relies on the reconciliation process, allowing it to pass with a simple 50 votes (plus Vice President Harris’ tie-breaker vote). The legislation provides for …

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Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Federal Climate Policy

Who will get control of the Senate? And why does that matter for the environment?

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

There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265

A trio of new laws will power the energy transition.

The new law is a Big Deal. Or more precisely, a REALLY Big Deal.

A short video explainer of why passage of the IRA bill is such a big deal.

Why subsidies for clean energy generally are preconditions for other climate policies

In climate policy, delay is deadly.

Senate passes biggest climate legislation ever.

Climate legislation sets the stage not just for decarbonization now, but greater policy success later on

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

We used to have the Chevron test? What test do we have now?