Regulatory Policy

Never Give Up! Every Ton of Carbon We Can Cut Still Matters

It’s easy to be disheartened when we miss climate targets. But climate change isn’t a yes/no thing. It’s a matter of degree.

It’s easy to lose heart about our prospects for limiting climate change. The US has pulled out of international climate negotiations. Most of the countries that joined the Paris Agreement have missed targets , targets that weren’t aggressive enough in the first place.  The 1.5 °C target is already basically out of reach.  Is time to give up on slowing climate change and focus on adapting to it?  The answer is no.  Here’s why.
Climate change is a matter of degrees. That sounds like a truism or a pun, but it’s true in a deeper sense. There is no point past which further warming becomes irrelevant. degree, and every fraction of a degree makes things that much worse.

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The Path to Abundance, Part VI

Abundance reforms at the federal level may have the most political success if they are low-salience, and elite driven

This is the sixth post in a series of six posts.  The first post is here.  The second post is here.  The third post is here.  The fourth post is here.  The fifth post is here. As I discussed in my last blog post, the politics of abundance reform are difficult.  Reform often requires short-term …

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The Path to Abundance, Part V

Abundance reforms will require consensus and trust, which are in short supply in American politics

This is the fifth post in a series of six posts.  The first post is here.  The second post is here.  The third post is here.  The fourth post is here. In my last post I noted some important political challenges to abundance reforms: It is unlikely that they will produce immediate political benefits, but …

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The Path to Abundance, Part IV

Abundance reforms may not produce immediate political benefits, and may see significant backlash

This is the fourth post in a series of six posts.  The first post is here.  The second post is here.  The third post is here. As I discussed in my last blog post, abundance policy reforms will necessarily require tradeoffs, which leads us to politics.  Will the political context allow for making decisions about …

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Democratic Governors and the A-word

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

The governors and legislative leaders of several blue states on the East Coast are obsessed with the A-word: affordability. So much so that several of them are looking to pull money away from state programs that boost renewable energy and energy efficiency, as a shortcut to try to lower electricity costs. In Maryland, Rhode Island, …

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The Path to Abundance, Part III

Abundance reforms will pose difficult tradeoffs, including with environmental goals and public participation

This is the third post in a series of six posts.  The first post is here.  The second post is here. The reforms that abundance advocates have proposed are varied, in part because they target a wide range of policy areas.  I will begin with housing as an example of the reforms being proposed – …

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The Path to Abundance, Part II

Reducing legal and procedural obstacles to development is a necessary, but probably not sufficient, solution

This is the second post in a series of six posts.  The first post is here. As I explained in my prior post, the United States (and indeed other countries) has not produced the level of infrastructure for housing or energy required to address housing demand, demand for energy to advance economic development, the needed …

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The Path to Abundance, Part I

Exploring the legal, policy, and political challenges for the abundance movement.

The abundance movement is having a moment.  Abundance policy reformers call for legal and policy reforms to advance more housing, energy, and other infrastructure.  Abundance advocacy has motivated a Yes In My Backyard (YIMBY) movement that has pushed for major changes to local land-use regulation to build more housing in states across the country.  One …

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Policy Implications of Accelerating Warming

If warming is coming more quickly, we need to pick up the pace on policy responses.

There seems to be an emerging scientific consensus that the rate of global warming is rising.  After screening out the effects of natural factors like El Niño, scientists have concluded that the pace of warming has roughly doubled since the 1970s.  What does this tell us about policy?  Some of the implications are more obvious than others, and at least one implication may be unsettling for some climate advocates. Most obviously, we need to accelerate our efforts to carbon emissions.  We will be closing in on possible tipping points faster than expected. Climate impacts that we might have expected twenty years from now could hit in half that time. 

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The Environment is a System, Not an Array.

In 1969, Barry Commoner summed up much of environmental science in six words. Today’s conservatives don’t get it.

People have an intuitive tendency to focus on an action’s immediate direct effects. The same intuition leads us to downplay effects that are indirect, long-range, and cumulative. This can lead us astray, as it has the Supreme Court, when dealing with impacts on environmental systems.  Writing at the outset of the modern environmental world, biologist Barry Commoner tried to crystalize what was known about the environment into four crisply phrased laws.  The first law read simply: “Everything is connected to everything else.”  What we have learned since Commoner published The Closing Circle in 1969 has only confirmed that insight. 

This interconnected means that the environment is a system (really, a nested set of systems), where interactions are paramount. It’s not just an array of different things happening independently in different places or times. That’s true, as we’ve learned, not only of the environment but the global economy to which it is linked and of the geopolitical realm linked to that. 

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