Inflation Reduction Act

Government by Reconciliation  

The reconciliation process avoids the risk of a Senate filibuster. But it comes wth procedural and political complications.

The GOP’s efforts to accomplish a big agenda through the reconciliation process will face serious complications. The Byrd rule limits the use of reconciliation to achieve non-budgetary purposes. A razor-thin House majority and factional warfare will make it hard to reach deals, as will Trump’s (& Musk;s) distaste for compromise.

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2024: Ending on a Dark Note

It was a pretty good year for the environment – until November 5, that is.

2024 ended on a grim note for anyone who cares about the environment.  Donald Trump is once again in the White House. His record in the first term made him in the most anti-environmental President in history.  The story of the next four years will be a struggle to limit his damage while doing as much as we can to continue progress at the state level and in the private sector.

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Test Your Knowledge of Climate Law

How much do you really know about the law relating to climate change?

How much do you really know about climate law? Expert or novice, this quiz will test your knowledge and maybe help you fill in some gaps.

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Trump & 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.

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Deal 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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Should 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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Yes, Virginia, There ARE Federal Climate Laws.

An image of the U.S. Capitol Building in the evening.

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.

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What does the election mean for the EV transition?

Slower, less certain, and less equitable–with a new focus on local leadership

The election of Donald Trump and a Republican Congress poses a direct threat to environmental protection and climate policy across the board, including destructive agency heads, reduced clean energy funding, abandoned international agreements, and more federal judges openly hostile to science-based regulation in service of public and environmental health.  It’s a bleak outlook from any …

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A 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.

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U.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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