Federal Climate Policy
Top 10 Environmental News Stories of 2015
More goods than bad, but some of each.
Here are the top ten stories, at least as I see them: A Warming World. 2015 will almost certainly be the warmest year on record. This is one more confirmation of recent studies indicating that either there was no climate hiatus or it has ended. Saving Wetlands and Water Bodies. EPA and the Army Corp …
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CONTINUE READINGCOP 21 Battle over 1.5 Degree Global Target
The Contradictory Impulses in the Global Climate Negotiations
The Paris Conference of the Parties (COP) 21 negotiations are, not surprisingly, coming down to the wire with a number of contentious issues still unresolved. One issue that has surprised, impressed and puzzled me is the debate about whether the agreement should incorporate a goal that the global community work to limit temperature increases to …
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CONTINUE READINGGuest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.
Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation. Today, industry and environmental groups supporting EPA will file their oppositions to this request. The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants. Dan Farber and I …
CONTINUE READINGShould the Court Stay the Clean Power Plan?
Opponents need to prove four things to get a stay. They may be unable to prove any of those.
Opponents of EPA’s landmark climate rule, the Clean Power Plan (a/k/a 111(d) regulation), are seeking to stay the effectiveness of the rule. A stay is a variety of preliminary injunction, and the Supreme Court laid down four requirements for such orders in Winter v. NRDC: “A plaintiff seeking a preliminary injunction must establish [1] that he is …
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CONTINUE READINGWill the TPP Undermine Climate Policy?
The short answer: probably not much, maybe not at all
Representatives of U.S. environmental negotiations have shown up in Paris to campaign against the new TPP trade agreement. (here) They’ve also been actively engaged in discussions with Democratic law-makers, in an effort to block approval. A key objection is that the TPP will undermine climate policy. Jim Salzman had a great post last week on …
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CONTINUE READINGThe Environmental Lessons of Teaching Torts
What we can learn from negligence law about responsibility for environmental harm.
I’m about to teach my last Torts class of the semester today, and I’ve been musing about how some fundamental torts ideas bear on environmental law. Let me begin with the idea of duty. There are special situations where courts say there’s no duty of reasonable care by one person toward another. But they’re exceptions. There are …
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CONTINUE READINGWhat Economists Don’t Get About Our Relationship With Nature
No, climate change isn’t less of a problem if people get used to a devastated world.
People often adjust to problems that seem terrible upfront. Some studies show, for instance, that people who who lose limbs are very unhappy for awhile but then start to adjust to their positions. Some economists argue that something similar may happen with climate change — we might find that we don’t miss extinct animals or …
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CONTINUE READINGPromises to Keep
In the run-up to the Paris talks, the major economies have all pledged carbon reductions.
With Saudia Arabia’s pledge last week to cut emission, all of the world’s major economies are now on board. In a nutshell, here is what they are promising. Except as noted, the target dates are all 2030. A number of countries have subsidiary promises in terms of percentage of renewable energy or of bigger cuts premised …
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CONTINUE READINGGoodbye, Keystone, Goodbye
After seven years, the project is history.
The President announced this morning that he would not approve the Keystone pipeline project. This wasn’t a huge surprise at this point of the game. Still, it’s a good time to take stock of the dispute. The fight was largely — but not entirely — symbolic. With falling oil prices, the alternative of rail transport …
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CONTINUE READINGClean Power Plan Litigation Kick-Off
Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs
*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …
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