Federal Climate Policy
U.S.-China Climate Pact and Domestic Politics
Alex Wang and I Consider the Domestic Ramifications in Both the U.S. and China
The news from Beijing this week that the U.S. and China are committing to ambitious goals on climate change is, we think, monumental. No two countries are more important to tackling the problem than the largest carbon emitter over the past two centuries, the U.S., and the largest current emitter, China. While many observers are …
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CONTINUE READINGA Ray of Hope [Breaking News]
President Obama and Chinese President Xi Jinping announced a major deal on climate change this morning. As summarized by the Washington Post, China, the world’s biggest emitter of greenhouse gases, pledged in the far-reaching agreement to cap its rapidly growing carbon emissions by 2030, or earlier if possible. It also set a daunting goal of …
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CONTINUE READINGPolitical systems and environmental law
The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …
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CONTINUE READINGA Roadmap for State Comments on the Clean Power Plan
Considerations for State Regulators Tackling EPA’s §111(d) Proposed Rule
Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled …
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CONTINUE READINGU.S. Agricultural Policy, Climate Change, and Existing Legal Authority
New research from Berkeley Law finds that the U.S. Department of Agriculture can act now to reduce greenhouse gas emissions
The U.S. Department of Agriculture (USDA) is much in the news these days, as it implements the massive and always-controversial farm bill, works to improve access to national forests, strives to enhance the U.S. position in international agriculture markets, and wrestles to contain this season’s extensive wildfire activity. What is less obvious to many is …
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CONTINUE READINGMining for Votes In Coal States: Paul Ryan On Climate Change
Whatever you think of his budget proposals, his climate views are irresponsible.
For years, Paul Krugman has been decrying Paul Ryan’s reputation as a reputable analyst of budget issues. That’s not my area of expertise, and I’m agnostic on that issue. But Ryan’s views about climate change don’t bespeak serious thought about the issues. The Christian Science Monitor reports that last Ryan spoke about climate change in …
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CONTINUE READINGGuest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended
A Reply to Megan Herzog
In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist …
CONTINUE READINGA Response to John Nagle: The Clean Air Act as a Whole Supports Climate Regulation
Debating the Relationship between the Healthcare Fight and Climate Regulation
Last week, conflicting federal court decisions regarding the Patient Protection and Affordable Care Act, commonly known as the ACA or “Obamacare,” set the nation abuzz. In Halbig v. Burwell, the D.C. Circuit Court of Appeals struck down an Internal Revenue Service (IRS) regulation providing federal subsidies to low-income taxpayers who purchase health insurance through a …
CONTINUE READINGCongressman Waxman Tells FERC: Read UC Berkeley’s Climate Change Study
Henry Waxman urges FERC to act on greenhouse gas emissions.
In a Congressional hearing this morning, Congressman Henry Waxman had a rare chance to face all five sitting members of the Federal Energy Regulatory Commission (FERC) at the same time to talk about climate change. He took the opportunity to point out UC Berkeley’s recent report on FERC’s authority under existing law to reduce greenhouse …
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CONTINUE READINGGeneral Permits and the Regulation of Greenhouse Gases
The Supreme Court ignored a major option for effective regulation
Author’s Note: The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. It is also cross-posted at Reg Blog. Reg Blog, supported by the U Penn Program on Regulation is an …
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