Federal Climate Policy

Politics v. Legality and the Clean Power Plan

EPA’s Final Plan Changes State Targets, With New Winners and Losers

When the President released the final version of the Clean Power Plan last week, it contained a number of big alterations to the draft plan.  One of the most significant changes  was the way each state’s greenhouse gas emissions target was calculated.  The bottom line is that — generally — states more heavily reliant on …

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What the Market Is Telling Us About Coal

Dump your coal stocks while you still can!

The market’s message is simple: coal’s day is ending. Three major coal companies (Alpha Natural Resources, Walter Energy, and Patriot Coal) have gone into bankruptcy. The two largest publicly traded  companies (Peabody and Arch) are now trading for a dollar a share, down from $16 and $33 within the past year. They, too, may well …

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A Case of Reverse Causation?

Tomorrow’s Emission Determine Today’s Social Cost of Carbon

Here’s the weird thing: the social cost of carbon today, depends significantly on the year-by-year emissions of carbon in the future, which we obviously don’t know. (Because it depends on our own future actions!)  It takes some explanation to show why that’s true and how it matters. If you know a bit about climate policy, you know …

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The Next Six Months

A half-dozen crucial developments will shape environmental policy for years to come.

The next six months will be unusually important in environmental law.  There are six key areas to keep an eye on: 1.  The Paris climate talks.  The world’s governments meet every year in December as part of continuing negotiations on climate issues.  This year’s meeting will be the most critical since Copenhagen, six years ago.  The …

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Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

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Larry Tribe Smacked Down by Professors Revesz, Freeman and Lazarus

Argument that Clean Power Plant an “Unconstitutional Power Grab” Ridiculed

Famed constitutional law professor Lawrence Tribe is serving red meat to opponents of  climate change regulation.  Not only is he  representing Peabody Coal in a pending court challenge to the Environmental Protection Agency’s Clean Power Plan, but this week he testified before the House Energy and Commerce Committee  that EPA, in adopting the plan, is …

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The Anticommunist Origins of Climate Denial

How Cold Warriors Wind Up Heating the Planet

The other night, my wife and I saw Merchants of Doubt, Robert Kenner’s new film about the climate denial industry. I thought it was excellent. I was surprised by the high production values and the way in which it did not feel like a documentary, at least until the last 15-20 minutes or so. (Then …

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Climate Engineering: National Academy Committee recommends starting research (with limits)

An NAS report on controversial engineered responses to climate change gets all the big things right, but avoids the hardest questions

Earlier this week, the National Research Council Committee on Geoengineering Climate released two reports, “Climate Intervention: Carbon Dioxide Removal and Reliable Sequestration” and “Climate Intervention: Reflecting Sunlight to Cool Earth.” Requested and funded by several US federal departments – NASA, NOAA, DOE, and the cutely labeled “U.S. Intelligence Community” – this report is the first …

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Is EPA Delaying Clean Power Plan Rule to Modify the Proposed Rule for New Power Plants?

EPA announced this week that it will delay issuing both its final Clean Power Plan for greenhouse gases emitted from existing power plants as well as proposed rules for new coal and natural gas fired plants.  The agency said it needs the extra time to respond to the 4 million comments it received and to …

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More Thoughts on the US-China Climate Announcement

Ann Carlson and I talk with the New York Times on US politics, Chinese implementation, and the potential impact on India.

Ann Carlson and I talked with Edward Wong from the New York Times last week about the US-China Climate Announcement.  We repost the Q&A here. From Edward Wong, NYT:  The biggest commitments to come out of President Obama’s recent visit to China involved climate change policy. The leaders of the two nations stood beside each …

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