States
Climate 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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CONTINUE READINGAdvances in State Climate Policy
Despite the distractions of a national election, there were important developments around the country.
Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the Feds in climate policy. There were important developments in a multitude of states. California remained a hotspot for climate action. In terms of transportation emissions, the California Air Resources Board (CARB) approved …
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CONTINUE READINGThe Year Ahead
Here are the top ten environment and energy developments to watch for.
Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s quick rundown of what …
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CONTINUE READINGThe Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022
Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year
I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …
CONTINUE READINGAnother Battle in the ESG Wars
Another Trump rollback undone, another step forward for sustainable investing.
Some call it ESG — the growing attention of big investors to a company’s record Environmental, Social, and Governance issues. Some call it responsible investing. Others call it “woke.” On Nov. 22, the Biden Administration notched a victory in this ongoing battle, allowing ESG investments by private pension plans. Those plans now hold roughly $13 …
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CONTINUE READINGDeSantis and the Environment
A Little Bit of Nepotism and a Lot of Everglades Protection.
Compared to Donald Trump, Ron DeSantis is practically a Greta Thunberg on environmental issues. Of course, by the same token, I’m practically a Steph Curry on the court compared to Danny DeVito. Sarcasm aside, DeSantis is pretty good on environmental issues for a Republican. But he rarely mentions climate change, and his record on renewable …
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CONTINUE READINGEnvironment and Energy Impacts of the 2022 Election
The consequences will play out in D.C. and in some important states.
The President’s party typically does poorly in the mid-terms, Biden’s popularity is low, and Americans are upset about inflation. But the election didn’t produce the Republican wave many observers predicted in the last few weeks of the campaign. Although the GOP will likely control the House, the Democrats have held the Senate. Here’s where things …
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CONTINUE READINGThe Supreme Court’s Earliest Pollution Cases
Long before Congress, a notoriously conservative Court started taking pollution seriously.
Well over a century ago, the Supreme Court ruled that it had that power to remedy interstate water pollution. That was in 1901. Six years later, the Court decided its first air pollution case. Notably, these cases came during the conservative Lochner era when the Court was hardly known for its liberalism. Quite the contrary. …
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