Federal Climate Policy
Good & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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CONTINUE READINGEPA Grants California’s Waivers for Clean Cars and Clean Trucks
By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.
EPA just made the incoming Trump Administration’s efforts to stop the move toward clean, zero emission vehicles a whole lot tougher. And ironically, the U.S. Supreme Court’s controversial decision overturning deference to agency actions, Loper Bright v Raimondo, may help California in any litigation over the legitimacy of the waiver request. EPA finally granted California …
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CONTINUE READINGTrump & Environmental Policy: The Sequel, Part II
Expect a lot of the same, but there could be some new twists.
Trump’s basic thrust is to eliminate environmental protection, just as he tried to do in his first term. But there are some new factors — new faces like Kennedy and Musk, and new developments like the massive investments sparked by Biden’s Inflation Reduction Act. Both Trump and the resistance will be better organized. In one way, you could think of this as a fascinating social experiment — but one with potentially devastating consequences for public health, climate change, and the future of the planet.
CONTINUE READINGTowards Better Permitting Reform
What are we trying to achieve?
This is the third in a series of posts on permitting reform. The first post is here. The second post is here. How could we realistically achieve permitting reform that will advance climate and environmental goals? Answering that question requires recognizing the political realities of a sharply divided Congress and country. Any significant change to …
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CONTINUE READINGDeal or No Deal?
Should Congress pass EPRA?
This is the second in a series of posts on permitting reform. The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now? Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …
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CONTINUE READINGShould We Do Permitting Reform?
What is at stake with the Manchin bill.
As Congress wraps up its lame duck session before the new Congress and President arrive in January, there is a lot of debate about whether to move forward on permitting reform within a quickly shrinking window of time. The basis of debate is the Energy Permitting Reform Act (EPRA) co-sponsored by Senators Manchin and Barrasso. …
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CONTINUE READINGTrump & Environmental Policy: The Sequel, Part I
Expect a lot of the same, but there could be some new twists.
They say that history never repeats itself, but it often rhymes. As in many sequels, there will be many things we’ve seen before. Much of that consisted in an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around. This will include massive regulatory rollbacks and expansion of fossil fuels regardless of environmental harms.
CONTINUE READINGYes, Virginia, There ARE Federal Climate Laws.
Contrary to myth, Congress has actually passed laws relating directly to climate change.
It’s a common misconception that Congress has never passed any climate change legislation. But Congresshas passed at least laws regulating two powerful greenhouse gases, as well as a series of other laws stretching back almost forty years. The story begins under President Nixon and extends into the Biden years with the multi-billion dollar Inflation Reduction Act.
CONTINUE READINGA To-Do List For Biden
The clock is ticking, but there’s still time for a few important last things.
Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration. Here are a few of the most important efforts.
CONTINUE READINGU.S. Energy Industry Trends To Watch In A 2025 Trump Presidency
New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.
Allan Marks is a partner at Milbank LLP and a lecturer at UC Berkeley School of Law and UCLA School of Law. This article was originally published in Forbes, for which he is a contributor, on November 7, 2024. When Donald Trump returns to the Oval Office in January 2025, his second presidency will have …
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