Regulatory Policy
Government by Reconciliation
The reconciliation process avoids the risk of a Senate filibuster. But it comes wth procedural and political complications.
The GOP’s efforts to accomplish a big agenda through the reconciliation process will face serious complications. The Byrd rule limits the use of reconciliation to achieve non-budgetary purposes. A razor-thin House majority and factional warfare will make it hard to reach deals, as will Trump’s (& Musk;s) distaste for compromise.
CONTINUE READINGTesla’s Trajectory
What do recent developments teach us about the world?
Recent news about Tesla sheds light on the company’s future, the global EV market, crony capitalism, not to mention the state of American democracy. It may also say something about Elon Musk’s role in the company. That’s a lot of information wrapped up in Tesla’s stock prices and related developments. Overall, this is good news for the environment but bad news for democracy.
CONTINUE READINGThe Environmental Gifts of the Magi
Clean air. Clean water. We receive these public goods every day without payment, as gifts from everyone to all of us.
One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. Stewart’s character is feeling suicidal, until he learns how much he has unknowingly helped others and how grateful they are. It’s heartwarming if also very corny. There’s a flip side to that story: the need to remember how much others have contributed …
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CONTINUE READINGGood & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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CONTINUE READINGHow to Make Climate as Compelling as Egg Prices
While politicians are right to focus on cost of living, it’s dangerously wrong to assume voters rejected climate policies in the 2024 election.
How do we make the climate crisis as compelling to voters as the price of eggs? That’s a question—an existential question—I’ve been asking myself for weeks now. My UCLA Emmett Institute colleagues and I have some ideas that I’ll be sharing over the next weeks and months. We’re hardly alone: Two months after a disheartening …
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CONTINUE READINGTrump & 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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