Regulation

The SEC’s Watered-Down Climate Rule

Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.

After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …

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Evaluating Voluntary Agreements in the Bay-Delta Watershed

Satellite image of California, centered on the Bay-Delta watershed. The Central Valley shows up prominently, with green agricultural fields rimmed by drier brown land, surrounded by mountains.

by Nell Green Nylen, Felicia Marcus, Dave Owen, and Michael Kiparsky

Updates to flow and other regulatory requirements for California’s Bay-Delta watershed are long overdue.  For much of the last 12 years, state political leadership has prioritized efforts to develop voluntary agreements (VAs) with water users over completing updates to the watershed’s water quality standards.  Now the State Water Resources Control Board has restarted the regulatory …

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Climate Election 2024: Trump Plans to Drain the EPA

The battle plan for a second Trump term includes reinstating Schedule F to remove climate experts from the U.S. government.

Donald Trump could “F” the federal government. Literally. Far-right policy strategists are laying plans, largely endorsed by the Trump campaign, for getting rid of federal government workers who might otherwise stand in the way of a radical deregulation agenda. It’s called “Schedule F,” and it could be used to strip employment protections from as many …

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The U.S. Supreme Court & Environmental Law in 2024

Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year

As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year.  It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …

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More Thrills and Chills Ahead!  What to Expect in 2024

Here are the key events that will shape climate and energy policy.

We will face some important forks in the road in 2024 in terms of environmental law.  Here are some of the upcoming forks. Who will be President in 2025?  You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator.  Since you’re probably more interested in the second point than …

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COP28: “The Methane COP”

Methane was at the center of COP28. Here are some of the most relevant announcements of this year’s Conference of the Parties.

By far, the most ubiquitous figure at COP28 was that of John Kerry. The U.S. climate envoy strolled through the labyrinthine and confusing alleys of Dubai’s Expo City wearing an impeccable suit despite the almost 100-degree Fahrenheit winter weather of the United Arab Emirates. When he wasn’t walking, he was talking about methane, earning him …

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The New Frontier of Methane Regulation 

A climate and weather satellite

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

Methane is ready for its close-up. The first week of COP28, the UN climate talks taking place in Dubai, saw a handful of big announcements about how world leaders plan to tackle human-made climate change by targeting methane, a powerful short-term climate pollutant. The UCLA Emmett Institute is also drawing attention to the issue of …

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Why Do Small Changes in Global Temperature Matter So Much?

One problem is that we’ve pursued optimization rather than robustness.

Scientists are warning us that even comparatively small changes in average temperature may have disastrous results. If you turn up your thermostat 2 ºC (about 3.6 ºF), the difference may be noticeable but it’s no big deal. So why is that a scary increase in global temperatures?  Some reasons are physical, particularly the difference between …

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It’s High Time to Ban “Monster Fracking” in California

Fracking consumes enormous amounts of water, pollutes aquifers & is contrary to our climate goals

Recently, the New York Times published an important and disturbing expose’ titled, “‘Monster Fracks’ Are Getting Far Bigger.  And Far Thirstier.”    The Times article focuses on the alarming intersection of three current environmental crises–water supply shortages, groundwater contamination, and excessive greenhouse gas emission levels–that threaten California and other states across the nation. Fracking (the shorthand …

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