Regulatory Policy

Too Cheap to Meter?

An electric tower with solar panel in view.

Unlimited energy abundance is more of a pipe dream than a realistic policy goal.

A recent post by Matt Yglesias on on “the case for clean energy abundance” disturbingly off pitch. One reason is that the post seems unduly dismissive of environmental harms. It pooh-poohs objections to a proposed ultra-large solar that would destroy what Yglesias describes as a “bunch of forest.”  Maybe this would be warranted, but it’s not wrong to consider the environmental cost. Yglesias also opposes efforts to restrict fossil fuel production. This is partly on political grounds, because it makes it hard for Democrats to win in places like Louisiana, and partly because he doesn’t think those efforts accomplish much anyway.  Yglesias could be right about the benefits of this hands-off approach, to regulating fossil fuels but it would be nice to see some acknowledgement of the harm to public health and the environment. Instead, he describes the only problem with coal as being “smoggy,” which underplays coal’s serious public health and environmental harms.

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Trump versus Cost-Benefit Analysis

EPA’s disavowal of CBA is the culmination of a longer assault.

EPA recently said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all  environmental impacts, it’s not clear what future regulations, if any, might be still subject to cost benefit analysis.  This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when Trump took office in 2017.  By 2018, Trump’s executive orders and other administration actions had led me to write a post about “the rise of benefit-blind analysis.”  Little did I know what was coming down the road.

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The Other Half of Climate: Policy, Capital, and the Race to Scale Superpollutant Solutions

A panel of 5 people with one person speaking and holding a microphone in front of a crowd.

Learn how California is using satellite data to pull the emergency brake on global warming.

Methane and other short-lived climate pollutants (SLCPs) are responsible for nearly half of today’s net global warming. Because they exit the atmosphere quickly, reducing them can serve as an ‘emergency brake’ on rising temperatures. At the San Francisco Climate Week, UC Berkeley’s Center for Law, Energy and the Environment (CLEE) and the Institute for Governance …

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An Encouraging Signal About Federal Preemption

An Encouraging Signal About Federal Preemption

A new Supreme Court ruling should help states defend their climate laws.

The Trump Administration and its allies are attacking state climate laws with challenges based on preemption, arguing that federal law trumps state powers. A new Supreme Court ruling signals that the Court respects state prerogatives and isn’t willing to find preemption without a clear basis in a federal statute.  Although the facts of the case are remote from environmental law, the Court’s attitude toward preemption has broader relevance.

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

A figure demonstrates the possible changes in Celsius of global temperatures at 1.5, 2. and 4 degree Celsius increased in global warming.

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

Three people in black and white with a green background covered in money signs.

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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