Legislation
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.
CONTINUE READINGGood & 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 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 READINGCalifornia Can Protect Climate Policies—and Pocketbooks
Lawmakers can use climate policies to alleviate some cost burdens. They should also resist the narrative that climate progress is driving affordability concerns.
Affordability is the name of the game at the California Legislature this session, with leaders in both the Assembly and the Senate talking explicitly about cost of living. But legislators’ focus on bringing costs down for average Californians doesn’t need to come at the expense of forward-thinking climate policy. Here are a few things legislators …
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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 READINGNEPA in the Supreme Court (Part II)
Here’s why the Supreme Court should reject radical arguments for limiting environmental impact statements.
Our last post explained the background of the Seven Counties NEPA case, which is currently pending in the Supreme Court. Today, we discuss the radical arguments that have been made in the case and why they should be rejected. NEPA requires that agencies consider the environmental effects of their projects, but the petitioners raise hairsplitting arguments to exclude obvious effects due to technicalities. Pleas for revising the law should be made to Congress, not to the Supreme Court.
CONTINUE READINGNo More ‘House of Horrors’ Thanks to These New Laws
Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.
Halloween is the one time when we welcome ghouls, ghosts, and goblins coming to our homes (and, if your neighborhood is anything like mine, a variety of tiny superheroes). This season, however, the Legislature is dealing with a different kind of house of horrors: dangerous chemicals in everyday products that affect millions of Californians’ health. …
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CONTINUE READINGNew Environmental Laws Focus on Public Health
Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.
The California State Legislature is now finally in its off-season. Governor Newsom had until Monday, September 30th to sign or veto bills that the legislature passed and sent to his desk. In a final tally of bills, according to CalMatters, Governor Newsom vetoed approximately 18% of the nearly 1,000 bills that landed on his desk …
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CONTINUE READINGWe Need a Circular Economy for EV Batteries
California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.
California continues to make significant headway toward its target to eliminate in-state sales of new internal combustion engine vehicles by 2035. About one in five new cars sold in California are battery-powered. And it’s not just California: Battery-powered car sales are up globally, with projections showing 17 million will be sold worldwide in 2024. As …
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CONTINUE READINGClimate, Energy, and Environment on the Ballot
Ballot measures in Washington and California are especially important but others are worth noting.
The two biggest state initiatives are a $10 billion green bond proposal in California and a proposed rollback of Washington State’s new cap-and-trade program. The outcomes of these and other initiatives will provide a barometer of public sentiment on environmental issues.
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