Federal Climate Policy
Can the New Climate Laws Transform our Transportation Infrastructure?
The IIJA and IRA will spend a lot of money on transportation—but whether they’ll create fundamental change in our infrastructure or continue business as usual will depend on how that money is used.
This is the last in our series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, the second post, on transmission infrastructure, and RSVP for the Symposium here! Transportation is one of the most complicated …
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CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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CONTINUE READINGThe Social Cost of George W. Bush
Bush promised climate action but reversed himself. The result: billions of dollars in global harm.
When Bush ran for President in 2000, he endorsed mandatory limits on CO2 emissions. Within three months of taking office, he reversed himself to the dismay of some members of his own administration. The upshot was that the US resisted any effort to address climate change and embraced a “drill baby drill” energy policy. You …
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CONTINUE READINGHow Can We Build Transmission Infrastructure Responsibly?
The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?
This is the second of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, and the third post, on transportation infrastructure; and RSVP for the Symposium here! The clean-energy transition that is one …
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CONTINUE READINGDo Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
In a very narrowly argued brief, the Administration calls for returning the cases to state court.
The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …
CONTINUE READINGHow Should We Implement the New Federal Climate Laws?
An upcoming symposium by the Emmett Institute will explore the key climate impacts of IIJA and the IRA and unpack some of the obstacles and controversies around their implementation.
This is the first of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the second post, on transmission infrastructure, and the third post, on transportation; and RSVP for the Symposium here! The Infrastructure Investment and Jobs Act of 2021 (IIJA) and the Inflation Reduction Act of …
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CONTINUE READINGDid Biden have to approve the Willow oil project?
ConocoPhillips has existing lease rights. But the Biden administration had tools to curtail those rights to limit harms.
Although the Biden administration has approved the Willow oil drilling project on Alaska’s North Slope—the largest proposed oil drilling on U.S. public land in several decades—the legal questions are far from settled. Much of the media coverage so far has focused on the political dynamics driving the decision (as noted with some alarm here and …
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CONTINUE READING“Major Questions” for Texas (and for the Environment)
Defending clean car regulations and tracking judicial decision-making
Last June, the Supreme Court formally unveiled the “major questions” doctrine in the landmark environmental case West Virginia v. EPA. In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those …
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CONTINUE READINGClimate Policy’s “Plan B”
As the initial top-down approach failed, a new approach to climate policy crystalized.
My last blog post told the story of the original top-down approach to climate policy. It was supposed to feature binding restrictions on carbon emissions in a global treaty and federal legislation. By 2012, it was plain that neither half of this “Plan A” strategy was in the offing. Building on trends that had begun …
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CONTINUE READINGClimate Policy at the Turn of the Century: The Death of “Plan A”
The original plan involved top-down global and US emission limits. They never happened.
When the campaign to cut carbon emissions began in the last decade of the 20th Century, there seemed to be a clear path forward. International negotiations would begin with a framework convention, followed by a later global agreement capping carbon emissions. Within the US, Congress would enact legislation cutting carbon emissions. By the end of …
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