Federal Climate Policy
Renewable Texas: Lessons from the Lonestar State
Texas has the most wind power in the country and is rapidly building solar. How did that happen?
People are often surprised to learn that Texas is the national leader in wind power, with the twice the generating capacity of any other state. On one notable night in December of 2015, the state got 45% of its power from wind, though the year-round average was only about 10%. In July of this year, the …
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CONTINUE READINGACE or Joker? Trump’s Self-Defeating Climate Rule
The ACE rule adds costs, achieves little, and disempowers the states. Nice job.
The Trump ACE rule violates all the Administration’s own deregulatory principles.To hear Trump talk, the point of deregulation is to reduce the burden of regulation on industry. But weirdly enough, that doesn’t turn out to be true of Trump’s effort to repeal Obama’s Clean Power Plan (CPP) and replace it with his own Affordable Clean …
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CONTINUE READINGThe Democratic Presidential Candidates Should Debate How to Address Climate Change
The DNC Can Help to Make Climate Change Into an Issue of Consequence for the Campaign
This is my first post in my new role at the UC Berkeley Center for Law, Energy, and Environment, working on Project Climate. Last year, as a Legal Planet guest blogger, I wrote that political will and scale are the two biggest challenges of climate change response. So for this first post, I want to …
CONTINUE READINGJustice Gorsuch versus the Administrative State
Does the Gundy decision spell doom for modern government?
Gundy v. United States was a case involving a fairly obscure statute regulating sex offenders, but some have seen it as a harbinger of the destruction of the modern administrative state. In a 4-1-3 split, the Court turned away a constitutional challenge based on a claim that Congress had delegated too much authority to the …
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CONTINUE READINGWho Is Anne Idsal?
Bill Wehrum steps down as Assistant Administrator of EPA’s Office of Air and Radiation.
This morning, EPA Administrator Andrew Wheeler announced that Assistant Administrator Bill Wehrum will be stepping down at the end of this month. The language of EPA’s press release seems intended to suggest that the departure was voluntary, but the resignation comes amid ongoing scrutiny about the Assistant Administrator’s connections to a number of industry clients …
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CONTINUE READINGHelping Repair Our Broken Governance System
Our institutions have been battered. How will we be able to fix them?
Much of Trump’s damage to the environment is obvious: his efforts to increase gas and oil production, his regulatory rollbacks, and his efforts to gut the agencies charged with protecting the environment. But he has also done deeper damage to the institutions we need to address climate change and other daunting environmental challenges. These problems …
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CONTINUE READINGGuest Blogger Nick Bryner: Cooking the Books While Cooking the Planet: A First Look at the EPA’s ACE Rule
Final Rule Changes Baseline Assumptions & Approach to Cost-Benefit Analysis in Attempt to Justify Weak Standards
Yesterday, the Trump EPA released its long-awaited response to the Obama-era Clean Power Plan. At first glance, the final rule has been carefully crafted in an attempt to avoid several glaring legal vulnerabilities of the rule—and to obscure the obvious inadequacy of the Administration’s response to climate change. The EPA has found many contradictory ways …
CONTINUE READINGGuest Bloggers Will Martin and Michael P. Vandenbergh: Can Private Environmental Governance Address Nationalism’s Threat To International Environmental Law?
As Some Nations Retreat From Internationalist Approaches to Transnational Environmental Challenges, Corporate Actions May Play a Larger Role
The withdrawal by Japan from the International Whaling Convention and its related Commission in December 2018 and the on-off threat by the new leader of Brazil to withdraw from the Paris Agreement on Climate Change are the latest signals that International Environmental Law (“IEL”) is under siege. The move by Japan and the possible withdrawal …
CONTINUE READINGPutting the Squeeze on Coal
It’s not enough to eliminate coal-fired plants. We have to cut back on coal production and sale.
Coal use by American utilities has declined sharply and will continue to decline. But we shouldn’t focus solely on U.S. emissions. But the industry also exports coal, and there’s been a big surge in coal exports in the past two years, much of it involving India. So it’s not enough to curtail coal use in …
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CONTINUE READINGUpdates on the War on Science
The Trump Administration continues its campaign to suppress science.
The Trump Administration’s hostile attitude toward science has continued unabated. The Administration has used a triad of strategies: efforts to defund research, suppression of scientific findings, and embrace of fringe science. Budget.Administration continues to favor deep cuts in research support. Its initial 2020 budget proposal calls for a 13% cut to the National Science Foundation, a 12% cut at …
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