Regulation
Methane Action in 2022: Project Climate’s Year In Review
A short summary of efforts to tackle the super pollutant.
Co-authored with Gil Damon, CLEE Methane Research Fellow. 2022 proved to be a big year for methane—the flammable gas that accounts for 30 percent of Earth’s anthropogenic warming. Methane forms when organic material decomposes in sealed spaces and is released in the agriculture, waste disposal, and energy sectors. In terms of warming, methane is a …
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CONTINUE READINGAnother Battle in the ESG Wars
Another Trump rollback undone, another step forward for sustainable investing.
Some call it ESG — the growing attention of big investors to a company’s record Environmental, Social, and Governance issues. Some call it responsible investing. Others call it “woke.” On Nov. 22, the Biden Administration notched a victory in this ongoing battle, allowing ESG investments by private pension plans. Those plans now hold roughly $13 …
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CONTINUE READINGEnergy Price Shocks and the Failures of Neoliberalism
Why it’s time to rethink electricity market design to ensure a clean and equitable energy future
This post was originally published on the Law and Political Economy blog. The global energy price shocks of the past two years have made it painfully clear that energy cannot be treated as an ordinary commodity and that many governments have been insufficiently attentive to energy security. Given its dependence on Russian gas, the EU has …
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CONTINUE READINGCoordinating Climate Policy
We have a White House climate czar. That’s not going to be enough.
The Inflation Reduction Act (IRA) creates a massive funding program for clean energy and other climate policies. This funding complements regulatory efforts at EPA elsewhere. Yet authority over energy policy is fragmented at the federal level. Without better coordination, there’s a risk that various policies will mesh poorly or operate at cross-purposes. And state governments, …
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CONTINUE READINGCalifornia’s Secret Weapon: The Scoping Plan
There’s no substitute for a comprehensive policy vision.
The scoping process has been key to California’s success in cutting greenhouse gas emissions. The process requires the government to assess past progress, project future emissions, and come up with a strategy to meet its climate goals. In contrast, in many states – and at the federal level – there’s no real mechanism for a …
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CONTINUE READINGHappy 50th Anniversary, Federal Clean Water Act
One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. It’s proven to be one of the most successful of America’s bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed …
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CONTINUE READINGWhat Do Pig Pens Have To Do With Environmental Law?
Constitutional Challenge to California’s Animal Welfare Law Could Have Profound Impacts on State’s Environmental Laws
Today the U.S. Supreme Court will hear oral arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State’s environmental laws and policies. The case is National Pork Producers Council v. Ross, No. 21-468. The National Pork Producers Council litigation arises from an initiative measure–Proposition …
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CONTINUE READINGScenarios and Uncertainty
Imagining different futures can be the best way to think through options when we don’t know the odds.
In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior. Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand. It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …
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CONTINUE READINGOn the First Monday in October, the Sacketts Head to the Supreme Court a Second Time
Sackett v. EPA–the Most Important Environmental Case on the Justices’ Current Docket–Will Answer the Key Question of How Far Federal Wetlands Regulation Extends Under the Clean Water Act
Today the U.S. Supreme Court formally begins its 2022-23 Term. First up on the justices’ docket this morning is a major environmental case: Sackett v. Environmental Protection Agency, No. 21-454. This year marks the 50th anniversary of the Clean Water Act (CWA). Over the past half-century, no single CWA issue has proven more contentious and …
CONTINUE READINGU.C. Davis Law School to Host “Clean Water Act at 50” Conference
Interdisciplinary Event Will Assess Landmark Law’s Past, Assess Its Future
On Friday, October 7th, the California Environmental Law & Policy Center at U.C. Davis School of Law will convene a major, day-long conference to commemorate the 50th anniversary of the federal Clean Water Act. The event will assess the progress the U.S. has made over the past half-century in abating water pollution; focus on some …
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