Two unconventional candidates face off in a crucial swing state.
This is an open seat due to Pat Toomey’s retirement. It’s also an election that could go either way, though there are some signs that the Democrats may have an edge. And finally, it’s probably also the Democrats’ best pickup opportunity. Neither candidate comes from central casting, which makes it an especially interesting race. John …CONTINUE READING
The environmentalist incumbent faces a tight race.
Georgia is a toss-up state that both parties view as a must-win. I suppose it says something that both candidates for the Georgia Senate are Black, which may be a first for a Southern state, or perhaps anywhere. GOP insiders are reportedly concerned about their candidate’s ability to mount a successful challenge to the incumbent. …CONTINUE READING
A tight race between two low-key candidates.
The Nevada Senate race may be more about Biden and Trump than the actual candidates. It’s another toss-up contest, though some observers see signs it may be shifting in favor of the Democrats. Catherine Cortez Masto (D). Cortez Masto’s campaign website calls her “an independent voice for Nevada who works with Democrats, Republicans, and Independents …CONTINUE READING
In a tight race, the incumbent faces a pro-drilling, pro-fracking, pro-nuclear advocate.
Arizona was considered a toss-up state in the battle for control of the Senate. There are signs that the race may be shifting a little in the direction of the Democrats, but the extent of any shift remains unclear. The challenger touts his MAGA credentials, while the incumbent is quietly pro-environmental. Mark Kelly (D). Kelly, …CONTINUE READING
A sleeper Supreme Court case could impact state climate legislation.
A month from now, the Supreme Court will hear a case about an animal cruelty law. It’s not an environmental law case, but the ruling could impact the authority of states to address climate change. Odds are that its impact will be limited, but you can never be sure of what five Justices might decide …CONTINUE READING
Important developments in late summer, some impacting multiple states.
States have played a critical role in U.S. climate policy. The federal government is now supporting that role with federal funding for states. In the meantime, a number of states have moved a step further in plans to phase out gas and diesel vehicles. Two key states have ramped up their plans for carbon neutrality, …CONTINUE READING
It’s not the game changer some people think, but IRA could help in several ways.
There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA. The answer to that is probably “no.” However, some IRA provisions will help lawyers defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …CONTINUE READING
There’s an increasing bipartisan move to fund climate resilience.
The big news today is the deal with Manchin to provide billions of dollars of funding for clean energy. Manchin’s vote will be needed because no Republican Senator will vote for the bill. In contrast, funding for climate resilience has drawing power even for Republicans. It seems to be true that, in Bob Dylan’s words …CONTINUE READING
Last week’s D.C. Circuit cases illustrate why environmental lawyers need to understand FERC.
The Federal Energy Regulatory Commission (FERC) has been called the most important environmental agency that no one has heard of. At the end of last week, the D.C. Circuit decided two undramatic FERC cases that illustrate FERC’s environmental significance. One involved a bailout to coal and nuclear plants, the other involved water quality. The first …CONTINUE READING
Reducing barriers to siting new electricity generation can help advance renewable energy production
Our electricity system will be crucial to decarbonization efforts, both because much of our current energy comes from electricity, and because decarbonizing sectors like transportation will require significant electrification. And electricity is the sector where we have had the most success in decarbonization so far in the United States. But there is still more to …CONTINUE READING