States
Supreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …
CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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CONTINUE READINGThe Texas Paradox
Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?
I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas. Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry …
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CONTINUE READINGDo Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
In a very narrowly argued brief, the Administration calls for returning the cases to state court.
The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …
CONTINUE READINGCap and Trade Heats Up—For Better or Worse
Prices are high and markets are proliferating as program designers lean away from the more controversial elements of carbon trading.
This past year has been big for cap-and-trade-style systems, and that momentum looks like it’s continuing in 2023. Recently, we’ve seen new programs start up in Oregon and Washington, a proposal in New York State for new carbon markets, and sustained high prices in existing programs in California and the Northeast. Although these programs differ …
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CONTINUE READINGTribal Energy Sovereignty in California
California’s energy agencies hold joint hearing with Tribal governments.
On Thursday, March 2, 2023, California’s principal energy agencies – the California Energy Commission (CEC) and the California Public Utilities Commission (CPUC) – held a first-of-its-kind, joint en banc hearing at Cal Poly Humboldt with Tribal government leaders and all 10 commissioners of the CEC and CPUC. In a world where on-the-ground collaboration between governments …
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CONTINUE READINGClimate Policy’s “Plan B”
As the initial top-down approach failed, a new approach to climate policy crystalized.
My last blog post told the story of the original top-down approach to climate policy. It was supposed to feature binding restrictions on carbon emissions in a global treaty and federal legislation. By 2012, it was plain that neither half of this “Plan A” strategy was in the offing. Building on trends that had begun …
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CONTINUE READINGClimate Policy at the Turn of the Century: The Death of “Plan A”
The original plan involved top-down global and US emission limits. They never happened.
When the campaign to cut carbon emissions began in the last decade of the 20th Century, there seemed to be a clear path forward. International negotiations would begin with a framework convention, followed by a later global agreement capping carbon emissions. Within the US, Congress would enact legislation cutting carbon emissions. By the end of …
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CONTINUE READINGGood News from the Land of 10,000 Lakes
Earlier this month, Minnesota adopted a bold new clean energy plan.
The headline news is that Minnesota has adopted a 2040 deadline for a carbon-free grid. The headline is accurate, but the law in question contains a lot of other interesting features that deserve attention. Despite the law’s extremely unglamorous name (“Senate File 4”), this is a big step forward for the state, as well as …
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CONTINUE READINGDoes Ideology Kill?
Interpreting the association between conservatism and COVID death rates.
There is mounting evidence of an association between conservative politics and COVID impacts. Indeed, the higher death rate among Republicans may even have swung some close elections. A recent study sheds light on how ideology and death rates interact. As the Washington Post reports, the results were striking: “Covid death rates were 11 percent higher …
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