General
The Changing Landscape of Climate Policy
Even under Trump, the U.S. was slowly lurching in the right direction. Biden needs to give the process a good strong push.
Barring a Democratic sweep in the Georgia runoffs, Biden will be facing a Republican Senate. But he also has a big advantage: The world has changed in some important ways that favor climate action. The importance of these positive changes may have been obscured by some negative developments. Since Barack Obama left office, climate change …
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CONTINUE READINGClimate Candidates Notch Victories in Major City Council Races Across Western U.S.
Voters choose new candidates with strong climate platforms in Los Angeles, Phoenix, San Diego, and other large cities across the West
While ballot counting continues across the country, city council races are now being called, with new climate champions set to take office in large Western U.S. cities that held elections this week. Many of the victors are taking on their first elected positions. Candidates with inspiring and ambitious climate platforms notched victories in six large …
CONTINUE READINGThe members of the U.S. Supreme Court cannot credibly decide 2020 elections cases
To do so could impair faith in our democratic institutions
When it comes to deciding cases that could affect the outcome of the 2020 election, all members of the U.S. Supreme Court have a serious conflict of interest – not because they may be political partisans, but because their jobs are at stake. It is well-understood that if the Democrats take the White House and …
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CONTINUE READINGDriving Sustainable Energy Storage Technology
Maximizing the Environmental Utility of Battery Storage: Building a Life Cycle Assessment Framework
Battery energy storage is recognized as a key element of making our energy infrastructure more sustainable and resilient. Battery storage, however, encompasses many technologies–how should sustainability-minded agencies, utilities and storage developers choose among these options? UCLA’s Emmett Institute and the UCLA Institute of the Environment and Sustainability is hosting an interactive workshop on that question …
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CONTINUE READINGRemoving Climate Liability Plaintiffs from State Court Could Create Logjam in Federal Courts
The U.S. Supreme Court is set to decide a nuanced issue of procedural law that could create a loophole which would dramatically expand the reach of federal appellate jurisdiction and prevent climate plaintiffs from suing oil companies in state court.
As recent extreme heat waves, hurricanes, and wildfires across the country have elevated public concern about the widespread and harmful effects of climate change, the U.S. Supreme Court granted certiorari this month in a climate liability case called BP P.L.C. v. Mayor and City Council of Baltimore. In short, the City of Baltimore sued a …
CONTINUE READINGBarrett on Standing & Judicial Deference
Her mentor was Scalia, but her style is more like Souter.
With the help of my research assistant, I’ve collected cases by Judge Barrett dealing with standing issues and deference to administrative agencies. Both topics are very relevant to the environment.al crisis. You really can’t draw firm conclusions about her views on these doctrines, but you can draw conclusions about her style. She sticks close to …
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CONTINUE READINGSteering Towards Zero Emissions
Is California’s Ban of Gas-Powered Cars on a Collision Course with the Federal Government?
This post was originally published on the American Constitution Society’s Expert Forum on September 30, 2020. On September 23, California Governor Gavin Newsom announced an Executive Order that would, among other things, ban the sale of new internal combustion engine vehicles in California after 2035. The announcement sparked a flurry of reactions: Some environmental groups praised the order, while others said it …
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CONTINUE READINGA Responsible Investment Roadmap for California
New report highlights recommendations for ESG investment integration
As the systemic risks facing the global economy due to climate change become increasingly clear, leaders in the investment community have begun to emphasize the links between consideration of environmental, social, and governance (ESG) factors and investment decisions that minimize financial risk for individuals, governments, and markets. CLEE’s Climate Risk Initiative, working with the Principles …
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CONTINUE READINGChina’s New 2060 Carbon Neutrality Target
New climate pledges from China and the EU make the U.S. the only jurisdiction among the top three emitters without a carbon neutrality target
The biggest climate policy announcement of the week was not California Gov. Newsom’s Executive Order to ban the in-state sale of gas-powered passenger cars and trucks by 2035, although this move is a major advance for climate policy. Rather, the most important climate news was China’s announcement of an “aim” of achieving carbon neutrality by …
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CONTINUE READINGShould a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?
The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.
The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …
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