Regulation
Court Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California
Federal Government’s Constitutional Challenge to California’s Linked GHG Reduction Plan Fails
Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration’s policy initiatives on multiple fronts, including the environment, immigration policy and health care. Over 40 of California’s lawsuits have targeted the Administration’s efforts to roll back longstanding federal environmental protection, natural resource management …
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CONTINUE READINGUnderstanding wastewater utility views on innovation and regulation
by Luke Sherman, Alida Cantor, Anita Milman, and Michael Kiparsky
The same underlying technology has been used in the municipal wastewater sector for 100 years. New technologies that treat effluent more efficiently and effectively exist, yet deployment of those technologies has been slow. The limited adoption of new technologies in the wastewater sector raises questions about how to encourage innovation. Popular narratives around innovation sometimes …
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CONTINUE READINGVirus Denial
Yet another effort to ignore reality, from the usual players.
We’ve seen this movie before. Scientists warn of a serious threat. But in Trump World, the problem doesn’t exist. It’s just a product of alarmism. First, climate change. Now, the coronavirus, COVID-19. Trump himself has worked hard to minimize the problem. “We have very few people with it,” he said, and ” people are getting …
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CONTINUE READINGAnother Problem with Cost-Benefit Analysis of Climate Policy
It’s hard to estimate benefits. But it turns out costs are also uncertain.
It’s common knowledge— at least, among people who follow these things — that it is hard to estimate the benefits of a proposed climate policy. But it’s actually quite difficult to estimate the costs as well. There are three major problems in estimating the benefits of a proposed climate policy. First, it’s hard to estimate …
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CONTINUE READINGDeciding a Climate Case in the Shadow of the Supreme Court
Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision
The irony of the Ninth Circuit decision dismissing the Juliana v. United States case this week is plain to see. Two branches of government — the legislative and executive – have failed to act to address an environmental problem that may cause the destruction of the federal government itself. The third branch, the judiciary, recognizes the …
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CONTINUE READINGNew California Report on State Climate Policies Released
Independent Emissions Market Advisory Committee Recommends Focus on Transportation, Affordability, Allowance Banking, Allowance Supply and the Effects of Overlapping Policies in the Regional Electricity Market
The California Independent Emissions Market Advisory Committee released its annual report yesterday making recommendations about California climate policy. I serve as the Vice Chair of the committee and as the Speaker of the Assembly’s appointee. Our report makes five recommendations: that the state focus on the affordability of its carbon policies, with special concern about …
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CONTINUE READINGDark Waters in Dark Times
Citizen Petition Presses EPA To Call Chemicals in Environmental Docudrama “Hazardous Waste”
This holiday season, A-list actors drew moviegoers to a film with a distinctly un-Hollywood plot line: A company dumps thousands of pounds of toxic, long-lived chemicals (PFAS, or per-and polyfluoroalkyl substances) into unlined pits that drain into a farming community’s drinking water. Local residents fall ill, some terminally. A heroic attorney (Mark Ruffalo) represents them …
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CONTINUE READINGClimate Change, Ozone Depletion, and the New York Times
The Montreal Protocol offers lessons for climate change, but not a role model
In an extended piece yesterday, The New York Times editorial board wrote that “The World Solved the Ozone Problem. It Can Solve Climate Change. The same tools that fixed the ozone hole — science, innovation and international action — can address.” Although the editorial was mostly correct, it missed what I believe to be the …
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CONTINUE READINGThings to Be Thankful For
Despite the Trump Administration’s efforts, there are rays of hope.
Three years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a new attack on the environment. But there are also some things to be thankful for. Here’s how I started a similar post in 2017, just a year after the 2016 election: “Overall, it’s been a pretty lousy …
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CONTINUE READINGGreenhouse Gas Regulations Under the Clean Air Act Are Doomed
Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?
The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …
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