Regulatory Policy
Trump & Environmental Policy: The Sequel, Part I
Expect a lot of the same, but there could be some new twists.
They say that history never repeats itself, but it often rhymes. As in many sequels, there will be many things we’ve seen before. Much of that consisted in an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around. This will include massive regulatory rollbacks and expansion of fossil fuels regardless of environmental harms.
CONTINUE READINGCan the Major Question Doctrine Block Trump’s Excesses?
The doctrine has been hailed by conservatives. But it may come back to bite them.
The major question doctrine tells judges to be skeptical when the government leverage some vague or obscure law to support a dramatic, unprecedented action. Dramatic, unprecedented actions are Trump’ stock in trade. The major question doctrine just might be what we need to block him.
CONTINUE READINGCPUC Should Set a Date for Closing Aliso Canyon
A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.
The Aliso Canyon gas storage facility blowout in 2015-16 was the largest methane gas leak in the history of the United States. In addition to the climate effects from the methane leakage — 109,000 metric tons, the equivalent of burning over 1 billion gallons of gasoline — there were tremendous health impacts on neighboring communities …
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CONTINUE READINGClimate Politics and Electoral Realignment
Some deep-seated dividing lines in U.S. politics seem to be eroding, with potential implications for climate policy.
The electorate is changing. Racial divisions are blurring, the GOP has gained a solid following among working class voters (especially whites), and college graduates and those with above median incomes have shifted to the Democrats. Among the many effects will be changes in the politics surrounding climate change. We will start to see an increased rate of success for advocates of climate actions in off-year and down-ballot races.
CONTINUE READINGU.S. Energy Industry Trends To Watch In A 2025 Trump Presidency
New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.
Allan Marks is a partner at Milbank LLP and a lecturer at UC Berkeley School of Law and UCLA School of Law. This article was originally published in Forbes, for which he is a contributor, on November 7, 2024. When Donald Trump returns to the Oval Office in January 2025, his second presidency will have …
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CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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CONTINUE READINGThe Morning After
Given Trump’s victory, what can be done to save the planet?
wice before in this century, enemies of environmental protection have taken the helm. After taking office, Bush embraced fossil fuels, opposed climate action, and weakened environmental regulations. Trump’s first term made Bush seem like a tree hugger, and his second term may be even worse. The strategies we’ve used in the past are still applicable, though circumstances have changed.
CONTINUE READINGCalifornia Must Not Abandon its Climate Leadership
California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.
On November 8, the California Air Resources Board, or CARB, is slated to consider approving amendments to California’s Low Carbon Fuel Standard. The program has been so successful in replacing high carbon petroleum-based fuels with lower emissions vehicle fuels that interest groups from all sides of the political spectrum have come forward to demand radical …
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CONTINUE READINGCarrots Are More Durable Than Sticks
Laws like the Inflation Reduction Act may have more sticking power than regulations.
it’s hard to repeal subsidies and tax credits. We’re seeing that right now in Congress. There’s been a lot of talk by Trump and others of blowing away the IRA. But many billions of dollars of IRA investments are being made in Republican congressional districts. And this has had an effect. Subsidies won’t solve the climate crisis on their own, but they provide a solid economic and political foundation for climate policies of all kinds.
CONTINUE READINGWith a Week to Go, Where Do the Elections Stand?
The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.
This elections seemunusually weighty in its policy implications. In terms of energy and climate policy, the two parties parties are far apart — Republicans favor energy dominance through massive fossil fuel production, Demorats favor clean energy. To the immense frustration of people on both sides, things haven’t moved much since September, when I last wrote …
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