States
The Supreme Court & Interstate Pollution
It was puzzling that the Court agreed to hear the case. How has it ruled? And why?
Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. Like most observers, I was puzzled that the Court was bothering with the case before the D.C. Circuit even had a chance to consider the merits of the challenges. Months later, the Court has finally …
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CONTINUE READINGThe Hawai’i Youth Climate Settlement
Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.
At the precise time on Monday, June 24 when 13 young Hawaiians were set to file into a Honolulu court for the start of trial, they instead gathered at the historic Iolani Palace to celebrate with their legal teams and supporters. Their case, Navahine v. Hawaiʻi Department of Transportation, was the latest youth climate lawsuit …
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CONTINUE READINGThe Hawai’i Youth Climate Trial
Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.
Last summer, many Americans were glued to the events unfolding in Maui as a raging inferno overtook the town of Lahaina, trapping thousands and killing at least 99 people. This summer, we’ll see 13 youth plaintiffs in Hawaiʻi take the state’s Department of Transportation to court for allegedly failing to implement climate policies meant to …
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CONTINUE READINGBig Oil Runs to the Supreme Court
Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.
The oil industry and its allies are attempting a full-court press to convince the Supreme Court justices they should shield them from climate liability lawsuits brought by cities and states throughout the U.S—and that they should do so now, before they face any court trials over climate-related damages. This unusual full-court press comes in the …
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CONTINUE READINGFlorida Governor DeSantis’ Head-In-The-Sand Climate Change Policies
New Florida Law Strikes Term “Climate Change” From State Laws, Promotes Fossil Fuels & Rejects Renewable Energy Projects
Florida Governor Ron DeSantis, in coordination with an equally myopic and partisan Florida Legislature, has approved new state legislation (HB 1645) that eliminates the term “climate change” from numerous existing Florida statutes that former Republican Governor Charlie Crist signed into law in 2008. The legislation, which takes effect on July 1st, is not just symbolic: …
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CONTINUE READINGWestern States Should Opt In to Regionalized Electricity Markets
Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.
In the West, the benefits of electricity market regionalization appear more attractive than ever. “Regionalization” refers to efforts to expand coordination between Western states to buy and sell wholesale electricity through centralized federal power markets. Increased coordination, made possible through regional transmission organizations (RTOs – independent non-profit organizations that operate the grid and oversee the …
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CONTINUE READINGClimate Policy and the Audacity of Hope
The barriers are still huge — but we can also envision a path to success.
We should resist the allure of easy optimism about climate change, given the scale of the challenges. Neither should we wallow in despair. There’s a good basis for hope. Let’s seize the day!
CONTINUE READINGU.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGFlorida is a Climate-Denying Hellscape
Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.
Take the latest, science-backed climate policies that are gaining traction in state houses around the country — and then do the exact opposite. That seems to be the Florida playbook for dealing with the climate crisis facing Floridians in the form of rising sea levels and deadly temperatures. This legislative session, state lawmakers in the …
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CONTINUE READINGThe Changing Politics of Coal
Coal has gone from a national conservative rallying cry to a niche state concern.
The “War Against Coal” was a major conservative theme eight years ago. Now it seems almost forgotten even by Donald Trump, who was once coal’s caped crusader. But although protecting coal production is no longer much of a national issue, keeping coal-fired power plants open has percolated as an issue at the state level. It …
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