States

America’s Leading Environmental Court

Hint: It’s in the southernmost state.  Which is not Florida.

The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention.   It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in …

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California’s Climate Leadership: A Timeline

California embraced climate action 2002 and has never looked back since.

The Golden State has adopted a slew of climate change laws over the past twenty years, and an even greater number of regulations .  To help you keep track, here is a timeline of California’s most important actions. 2002    SB1078. California established first renewable portfolio standard (20% from renewables by 2010). AB 1493 (Pavley …

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Interstate Pollution and the Supreme Court’s “Shadow Docket”

The Court considers whether to stay an EPA plan in light of changed circumstances.

Later this month, the Supreme Court will hear oral argument about whether to stay a plan issued by EPA to limit upwind states from creating ozone pollution that impacts other states.  As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than …

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The Bumper Crop of New State Climate Policies Since July.

State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …

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2023: The Good, the Bad, and the Ugly

Here’s what happened in the world of energy and environment.

A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt.  In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator.  Since you’re probably more interested in the second point than …

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A $1 Billion Investment in the ‘New Forest Economy’

A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.

On December 5, as the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change continues full swing in Dubai, Governors, Indigenous Peoples, and other partners of the Governors’ Climate and Forests Task Force (GCF Task Force), launched an urgent call-to-action to finance what they are calling the “New Forest …

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Climate Backlash

Vicious attacks on climate progress are on the rise.

Presumably, no one actually wants rising seas, dangerous heat waves, severe droughts, runaway wildfires, and floods. Nor, I assume, are there many who want those climate disasters for their children and grandchildren. Still, there are all too many politicians and public figures who act as if their goal was to foment climate change. No doubt the …

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Have We Begun the Third Age of Climate Law?

Some thoughts for Environmental History Week.

An international agreement in 1992 committed the world’s nations to addressing climate change but contained few specifics. The US ratified that agreement, but there was little concrete action here through the end of the 20th Century. As this century began, things looked optimistic, with both presidential candidates favoring reductions in carbon emissions.  Promptly after taking …

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Who Should Own Our Electric Utilities?

Voters in Maine rejected a ballot initiative to buy out private utilities, but the campaign reflects a growing interest in public power.

This week voters in Maine rejected a ballot measure to implement a public takeover of the state’s two investor-owned utilities. The measure proposed acquiring the two investor-owned utilities that distribute 97% of Maine’s electricity and operating them as a new publicly-owned utility called Pine Tree Power, that would be governed by an elected board. 70% …

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