Federal Climate Policy
“Major Questions” for Texas (and for the Environment)
Defending clean car regulations and tracking judicial decision-making
Last June, the Supreme Court formally unveiled the “major questions” doctrine in the landmark environmental case West Virginia v. EPA. In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those …
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CONTINUE READINGClimate Policy’s “Plan B”
As the initial top-down approach failed, a new approach to climate policy crystalized.
My last blog post told the story of the original top-down approach to climate policy. It was supposed to feature binding restrictions on carbon emissions in a global treaty and federal legislation. By 2012, it was plain that neither half of this “Plan A” strategy was in the offing. Building on trends that had begun …
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CONTINUE READINGClimate Policy at the Turn of the Century: The Death of “Plan A”
The original plan involved top-down global and US emission limits. They never happened.
When the campaign to cut carbon emissions began in the last decade of the 20th Century, there seemed to be a clear path forward. International negotiations would begin with a framework convention, followed by a later global agreement capping carbon emissions. Within the US, Congress would enact legislation cutting carbon emissions. By the end of …
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CONTINUE READINGNeed Quick Climate Solutions? Check Out Our “Climate Break” Podcast
Berkeley Law production also airing every Thursday on NPR-affiliate KALW in San Francisco
Climate change news is often quite depressing, with frequent stories on the science and ever-worsening impacts. What gets lost in this otherwise important coverage is the amazing and inspiring tales of innovation and solutions happening all around us, in every sector and walk of life. That’s why Berkeley Law’s Center for Law, Energy and the …
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CONTINUE READINGThe Presidency Under Siege
The current Justices are no friends of presidential power.
As recent scholarship has shown, the Supreme Court has been increasingly aggressive in countering exercises of presidential power. From the environmental perspective, West Virginia v. EPA is the most relevant example of the Court’s efforts to cut the presidency down to size. True, the Court purported to be chastising EPA, part of the bureaucracy. Yet …
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CONTINUE READINGWhen Bad Things Happen to Good Regulations
The GOP’s effort cancel a pension reg illustrates the evils of the Congressional Review Act.
In their crusade against “wokeness,” congressional Republicans are taking aim at Labor Department rule about pension plan investments. The rule’s transgression is apparently that it makes easier for pension plans to consider how climate-related risks might affect a company’s bottom line. To avoid being woke, the GOP would apparently prefer pension managers to close their …
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CONTINUE READINGBiden’s silent climate victory lap
The president talks up his climate laws without saying “climate.” Can the U.S. meet its climate goals without telling voters about them?
Well, we finally got a real “Infrastructure Week.” President Biden has been traveling from Baltimore to New York to Kentucky, touting his major legislative achievements in front of trains, tunnels and bridges. He’s talking up both the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) as a warm-up for his State …
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CONTINUE READINGIs Bipartisanship Possible?
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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CONTINUE READINGWhose 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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CONTINUE READING30 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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