States

Florida 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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Western 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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Climate 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!

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U.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 …

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Florida 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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The 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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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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