Regulation
The Color PURPA
A Win for Solar– And a Glimpse of Life After Chevron
The majority in a recent case — an Obama appointeet and a Trump appointee — ruled in favor of renewable energy. Even without Chevron deference, they were able to conclude that the statute favored solar producers. And unlike a win under Chevron, this one can’t be reversed by a more conservative agency — it’s etched in stone.
CONTINUE READINGCertainty for the California Compliance Carbon Market
California’s signature climate program receives formal legislative extension through 2045.
As the California legislative session came to an end last week, Assembly and Senate leaders released a last-minute deal on formally extending California’s Cap-and-Trade Program for the next two decades through Assembly Bill (AB) 1207. The bill received the required supermajority vote on Saturday, September 13, and now moves to Governor Newsom’s desk for signature. …
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CONTINUE READINGThe Woeful Economics of a Misguided Rollback
The costs of Trump’s rollback of key climate rules far outweigh any benefits.
Trump’s rollback of regulations limiting emissions from power plants is an economic disaster. According to economists, health damages far exceed savings from lower compliance costs. Just considering health impacts alone, the net cost of the rollback will be $129 billion through 2050. Climate damages add another $148 billion in costs.
CONTINUE READINGWhat Do Bureaucrats Maximize?
New research demonstrates that governments can reduce intractable emissions problems — if they have the right incentives
It’s no secret that Delhi has perhaps the worst air quality in the world, and it’s also no secret that crop-burning in nearby agricultural areas is one of the principal causes (along with topography). But what can you do about it? It’s illegal already, but because crop-burning is a cheap and effective way to get rid …
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CONTINUE READINGDear 2025 1L:
Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.” The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!
CONTINUE READINGWhy Repeal the Endangerment Finding?
The aims may be overturning Mass v. EPA and avoiding new rulemakings.
Much will be said about the weakness of the various justifications EPA and the Department of Energy offered yesterday about why greenhouse gases do not endanger public health and welfare under the Clean Air Act. Those justifications are, indeed, remarkably weak. For example, DOE’s argument that economic damages appear to be lower than economists estimate …
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CONTINUE READINGHow To Beat A Jackass
Trump’s destruction of the federal government poses a hard question: how to quickly stand up robust institutions?
Sam Rayburn served nearly a half-century as a Congressmember, and still holds the record for the longest tenure as Speaker of the House. So he knew a thing or two about government. One of his aphorisms speaks powerfully to our age: “Any jackass can kick a barn down, but it takes a carpenter to build …
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CONTINUE READINGDon’t Panic About the Supreme Court’s Ruling on Universal Injunctions
The Court left open a variety of workarounds. At least for the now.
In a case involving birthright citizenship, Trump v. CASA, the Court limited the power of judges to issue universal injunctions that protect everyone subject to an illegal government policy. President Trump hailed this outcome as a great victory, and it does provide more maneuvering room for him and future presidents. But the Court’s reasoning does not implicate most judicial rulings about the legality of regulations. The Court also left open some important questions that will be furiously litigated in the lower courts or the Supreme Court itself.
CONTINUE READINGThe Emperor’s New Endangerment Theory (Wrap-Up)
Trump’s EPA says carbon emissions from U.S. power plants are too insignificant to regulate.
U.S. power plants emit 1.5 billion tons of carbon dioxide a year, a little less than the entire country of Russia. The Trump Administration is proposing to end all regulation of carbon emissions by power plants, on the theory that these emissions should be considered insignificant. They have some complicated legal arguments , but the arguments break down the more closely you look at them.
CONTINUE READINGCan Public Ownership Fix Our Electricity Woes? It’s Complicated
New UCLA report “Power Struggle: California’s Electric Utility Ownership Dilemma” by Sylvie Ashford, Mohit Chhabra, and Ruthie Lazenby
This post is co-authored by Sylvie Ashford and Mohit Chhabra. California’s investor-owned utilities (IOUs) are under intense scrutiny for causing deadly wildfires and charging some of the nation’s highest electricity rates. Adding to these challenges, IOUs are required to make significant clean energy and grid investments to achieve the state’s goal of a net zero …
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