Federal Climate Policy
NEPA in the Supreme Court (Part I)
A pending case could mean radical retrenchment of a foundational environmental law.
In what could turn out to be another loss for environmental protection in the Supreme Court, the Court is about to decide a major case about the scope of the National Environmental Policy Act of 1969 (NEPA). The case, Seven County Infrastructure Coalition v. Eagle County, has important implications for issues such as whether NEPA covers climate change impacts.
CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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CONTINUE READINGThe Morning After
Given Trump’s victory, what can be done to save the planet?
wice before in this century, enemies of environmental protection have taken the helm. After taking office, Bush embraced fossil fuels, opposed climate action, and weakened environmental regulations. Trump’s first term made Bush seem like a tree hugger, and his second term may be even worse. The strategies we’ve used in the past are still applicable, though circumstances have changed.
CONTINUE READINGCarrots Are More Durable Than Sticks
Laws like the Inflation Reduction Act may have more sticking power than regulations.
it’s hard to repeal subsidies and tax credits. We’re seeing that right now in Congress. There’s been a lot of talk by Trump and others of blowing away the IRA. But many billions of dollars of IRA investments are being made in Republican congressional districts. And this has had an effect. Subsidies won’t solve the climate crisis on their own, but they provide a solid economic and political foundation for climate policies of all kinds.
CONTINUE READINGWith a Week to Go, Where Do the Elections Stand?
The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.
This elections seemunusually weighty in its policy implications. In terms of energy and climate policy, the two parties parties are far apart — Republicans favor energy dominance through massive fossil fuel production, Demorats favor clean energy. To the immense frustration of people on both sides, things haven’t moved much since September, when I last wrote …
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CONTINUE READINGThe 2024 Election Outcome Could Boost the Case for Geoengineering
A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.
A Trump victory would increase the odds that we will eventually need to “break the glass and pull the red lever.” To be prepared for that possibility, we would also need to do more in the short term to research various forms of geoengineering, their feasibility, and their potential side effects. Basically, if you decide you’re going to start smoking a lot more cigarettes, you need to be prepared for the greater likelihood you’ll need chemo.
CONTINUE READINGGrid Experts Weigh in on EPA’s Power Plant Emissions Rule
The U.S. Supreme Court denied an emergency stay in West Virginia v. EPA, a challenge to EPA’s rule. Our UCLA Law clinic submitted a brief on behalf of grid experts in the case at the D.C. Circuit.
Earlier this year, the U.S. Environmental Protection Agency finalized emissions standards for greenhouse gases from power plants under Clean Air Act, Section 111(d). The rule sets pollution limits for existing coal plants and some new gas plants based on carbon capture and sequestration. In West Virginia v. EPA, a spate of states and industry parties …
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CONTINUE READINGWhy is EPA “Faceless”?
People complain about faceless bureaucrats. At least in part, that could be fixed.
How many people can name the head of EPA or even know the title of that office? About 5% of the population, would be my guess. Apart from Scott Pruitt, who became famous for his $20,000 phone booth, few people outside of the field could name any previous holder of the office.
CONTINUE READINGThe Election, Vehicle Emissions, and State Climate Plans
If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.
If one single thing about the election keeps state environmental regulators up at night, it’s how much a Trump victory would impact their ability to cut transportation emissions. As it turns out, Trump’s leverage would be reduced, ironically enough, because his conservative Supreme Court appointees helped overrule the Chevron doctrine. Trump can still cause a …
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CONTINUE READINGHurricane Milton and this Climate Moment
We’re witnessing the collision of extreme weather, climate science, national news and politics. The question of “Who pays for climate disasters?” is about to become even more important.
When President Biden addressed the nation yesterday from the White House, he warned that Hurricane Milton could be one of the most destructive storms in more than a century, but he stopped short of explaining why — that climate change, fueled by our burning of fossil fuels, is making oceans warmer and storms stronger, capable …
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