Federal Climate Policy

Bush, Nader, and the Lost Years of Climate Policy

Actions by these two very different men set climate policy back eight years.

From 2001 to 2009, the US sat on its hands while the atmosphere filled with carbon. Much of that carbon came from the US itself, at six billion tons per year up to the 2008 crash. The story of how this came to pass is yet to be fully written. It is, in part, a …

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Trump, Sanders Voters and Climate Change

If you need even one reason to vote for Clinton, climate change ought to suffice

I don’t pretend to understand the allure of Donald Trump.  I am an unabashed  supporter of Hillary Clinton.  I appreciate that many people I know and respect are Bernie Sanders supporters.  I am hoping that, once Clinton officially becomes the  Democratic candidate for President, Sanders supporters will work hard to elect Clinton as President, even …

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This April Was the Cruelest Month (Or at Least the Hottest)

Once again, a global temperature record is broken.

For the seventh month in a row, the average global temperature set a new monthly record going back at least 136 years.  Rutherford Hayes was President back then, the first electric street light was turned on, and Gladstone beat Disraeli.  We’ve had 24 Presidents since then.  In other words, that was a long time ago. As you …

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UCLA Files Amicus Brief on Behalf of Electric Grid Experts in “Clean Power Plan” Case

Supporting EPA’s regulation of power-sector carbon emissions

Today, several of us at UCLA Law School’s Emmett Institute on Climate Change and the Environment—me, Cara Horowitz, Sarah Duffy, & Ann Carlson—together with Professor William Boyd of University of Colorado Law School, filed an amici curiae brief on behalf of five electric grid experts in support of the U.S. Environmental Protection Agency’s “Clean Power Plan” …

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Clinton v. Sanders: Their Climate Plans in a Nutshell

Sanders wants a carbon tax. No surprise: Clinton is more incremental.

Sanders and Clinton have much richer discussions of issues on their website than their Republican rivals, perhaps reflecting different expectations for candidates in the two parties. Both Sander and Clinton have environmental views that are starkly different from the leading Republican candidates. But their views do differ from each other as well. Clinton has about …

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Bernie Sanders’ Position on the Clean Power Plan

His proposals would require withdrawing the rule and would increase its legal vulnerability

In an interview with Grist last week, Presidential candidate Bernie Sanders provided details about his views on the Clean Power Plan, the Obama administration’s rule to reduce greenhouse gas emissions from existing power plants.  Sanders said two things of note: the first is that he would change the CPP to increase incentives for renewable fuels; the second …

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Lessons from Aliso Canyon, Part II

Leaks in Regulation

  Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …

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Justice Scalia and Environmental Law

Scalia’s decisions were almost unremittingly anti-environmental.

Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction.  Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work.  But for the benefit of others, I thought it might be helpful to summarize his major environmental decisions.  The …

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The Supreme Court Stay and the Dog That Didn’t Bark

EPA’s Requirements for New Plants Remain Intact

The Supreme Court’s stay of the Clean Power Plan was a surprise to almost all observers, maybe even to the lawyers requesting the stay.  We can only speculate on what the five majority Justices had in mind, since there was no written opinion. The practical impact of the decision is also unclear. E&E news reports that the …

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The Decision to Halt the Implementation of the Clean Power Plan is Outrageous

And Inconsistent with the Law

As I wrote earlier today, there is nothing good to be said about the U.S. Supreme Court decision today that halted the implementation of the President’s Clean Power Plan.  The decision is a huge blow to the President’s climate agenda, it’s a setback for the Paris Agreement and it is a bad sign that the …

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