Federal Climate Policy

Is the Green New Deal’s Ambition Smart Policy?

Some Lessons from Environmental History

At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy  — is a major conundrum.  Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically.  Stanford Professor Marc Z. Jacobsen, for …

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Emmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority

Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein

Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also …

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Bottoms-Up! An Emerging New Governance System (2)

Bottom-up appraches aren’t just fallbacks when top-down fails. They have their own strengths.

  There are some obvious advantages to top-down climate police, whereby a uniform global climate policy is adopted at the global level and then seamlessly implemented by nations, or whereby a similar process takes place at the national level.  Of course, this top-down model requires first global agreement on a uniform policy and then effective …

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John Dingell, 1926-2019

The Surprising Environmental Record of Detroit’s Biggest Congressional Defender

There’s an old story about Rep. John Dingell, the long-running chair of the powerful Energy and Commerce Committee, who died yesterday at the age of 92, and served in the House longer than anyone in American history. Outside the office of the Committee, there is a huge picture of the Earth, taken from the Apollo …

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I’ve Been Waiting My Whole Life for a Green New Deal

Get on Board or Get out of the Way: A Millennial Response to the GND

In 2016, millennials (those of us born between 1981 and 1996) surpassed Baby Boomers as the largest share of the US population. Yet you’d never know it by our relative shares of Congressional representation. Even after the great Millennial Wave of the 2018 midterm elections, millennials still only make up 6% of the House of …

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To Dream the Impossible Dream

What are the pros and cons of yesterday’s proposal for a Green New Deal?

The Green New Deal proposal introduced by Representative Alexandria Ocasio-Cortez and Senator Ed Markey is a call for drastic action to address climate change. Specifically, section 1(A) says that “it is the duty of the Federal Government to create a Green New Deal . . . to achieve net-zero greenhouse gas emissions through a fair …

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Bottoms-Up! An Emerging New Governance System (1)

In the past twenty years, climate policy has taken an unexpected form. Here’s what to expect.

There’s been a major change in the way environmental governance works, which is most obvious in terms of climate policy. We initially expected climate policy to be set at the international level, followed by incorporation into national legislation, and implementation by agencies and lower levels of government like states.  But this top-down governance scheme isn’t …

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After Trump

Suppose we get a pro-climate-action unified government. What then?

Someday, the stars will surely come into alignment and Congress will be able to pass climate legislation.  A national cap-and-trade scheme or a carbon tax would be definite possibilities.  But let’s suppose they aren’t politically feasible, maybe because of opposition from progressive on equity grounds, or maybe because for some reason the public rejects them. …

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Climate policy and horcruxes

What Harry Potter might have to teach us about making climate policy more resilient to political shifts

As the most recent report from the Intergovernmental Panel on Climate Change makes clear, the negative impacts of climate change are now upon us, and we have a very limited amount of time to decarbonize global economies in order to reduce the risk of catastrophic impacts from climate change, impacts that might begin as soon …

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EPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law

Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment

As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset …

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