Federal Climate Policy
Juliana and the Future of Climate Litigation
Asking judges to pass judgment on all U.S. energy policy was a bridge too far.
The Ninth Circuit threw out the Juliana litigation this morning. The two judges in the majority basically said, legalistic language, that you can’t get the Green New Deal by court order. It was wrong for the Supreme Court to step in at the last minute to put the trial on hold, rather than giving the …
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CONTINUE READINGCongress Mandates Pentagon Climate Action
The GOP’s climate denial doesn’t extend to DOD.
Everyone says climate laws can never pass Congress. But there’s a major exception. Each year since Trump took office, Congress has passed climate legislation as part of Defense Department spending. Trump has signed all of those laws. In 2017, there was a congressional finding that climate change is a threat to national security. In 2018, …
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CONTINUE READINGA Paper Tiger?
Trump is proposing big changes to CEQ regs. But they may not matter.
The Trump Administration is trying to gut the current White House rules on environmental impact statements. Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …
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CONTINUE READINGRevolt of the Captive Scientists
Trump’s Scientific Advisory Board Slams Proposed EPA Rules
Trump has appointed most of the members of EPA’s Scientific Advisory Board (SAB), many of them selected from industry. That effort to stack SAB in favor of deregulation apparently wasn’t a complete success. In draft reports issued this week, the SAB scathingly criticized those efforts and even went so far as to give a nod …
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CONTINUE READINGThe Decade in Review
Like many humans, the Twenty-First Century’s teenage years were stormy.
“It was the best of times; it was the worst of times.” That pretty much sums up the ten years from January 2010 to January 2020. As the decade began, Barrack Obama was in the White House and the Democrats controlled Congress but were one vote short of a filibuster-proof majority in the House. Under …
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CONTINUE READINGDisorientation, Rage, Despair – and Hope? The Contradictions of COP25
Personal Notes on the Conference of the Parties in Madrid
As you’ve seen from several recent posts (and more to come), the UCLA Law Emmett Institute has had an observer delegation – as we do every few years – at the 25th annual Conference of the Parties (COP25) to the Framework Convention on Climate Change (FCCC). I’ve been there with faculty colleagues Cara Horowitz and …
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CONTINUE READINGBoJo versus Trump on Climate
Why is the GOP such an outlier on climate change?
Boris Johnson is like Trump in many ways, including a casual disregar for truth, but they’re not alike on climate change. Right after his victory, Johnson renewed his pledge to make the UK carbon-neutral by 2050. He called for “colossal new investments. . . to make this country the cleanest, greenest on earth, with the …
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CONTINUE READINGGuest Blogger Tom Callahan: The Fallacy of Climate Choice
Promoting Positive Climate Choices at Every Level of Decision-making
One of the undercurrents of the negotiations at COP 25 in Madrid is the lack of leadership from the United States government after the decision to pull out of the Paris Agreement. While the formal decision-making process here only involves nations that are party to the agreement, there are numerous NGOs, business groups and other …
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CONTINUE READINGCoal in 2019: A Tale of Decline
Like Canute & the ocean, Trump may wave his hands, but he can’t stop the tide.
Coal is just about the worst possible way of generating electricity in terms of its climate impacts. It’s also a serious public health hazard due to the particulates, sulfur dioxide, and nitrogen oxides it produces. Thus, reducing the use of coal is a high priority. How did we do in 2019? The short answer is …
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CONTINUE READINGGreenhouse Gas Regulations Under the Clean Air Act Are Doomed
Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?
The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …
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