Transportation

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

The Inflation Reduction Act is Biden’s signature climate initiative. Trump has already called for repealing it, and so have some Republicans in Congress.  Given the IRA’s huge cuts in carbon emissions, that would be a tragedy.  Can he do that? He would certainly face some very significant barriers.  Trump would need Republican majorities in the …

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No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

If you have somehow managed to escape the frenzied political headlines about electric vehicles, first I envy you and second, I must regrettably inform you that the EV has become an acronym of partisan rancor on par with IVF, DEI, and CRT. There’s a lot of reasons for this electric car culture war: President Biden …

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A Word on Congestion Pricing

Time for local leaders to restart the discussion

Yesterday, New York’s Metropolitan Transportation Authority approved the city’s long-planned and hotly debated congestion pricing program, the first of its kind in the US. The program will involve a $15 toll for vehicles entering midtown or lower Manhattan, with discounts for some qualifying drivers and credits for bridge and tunnel tolls so drivers aren’t double-charged. …

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Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

I’ve blogged quite a bit about the challenges of interpreting the NEPA amendments, which snuck through as part of last year’s debt ceiling bill.  I haven’t said much about their impact.  Given the amount of energy infrastructure we need to build in the near future, a streamlined permitting process would be great. Alas, I don’t …

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

In West Virginia v. EPA, the Supreme Court struck down the Obama-era Clean Power Plan.  The heart of the ruling was that EPA had engaged in a power grab, basing an unprecedented expansion of its regulatory authority on an obscure provision of the statute.  Conservative groups have claimed since then that virtually every government regulation …

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How Can Cities Deliver Equitable EV Charging to the Curbside and Public Right of Way?

CLEE Report Cover Photo

New CLEE Report Presents Case Studies and Elevates Key Strategies

As California and other states transition to one hundred percent zero-emission new vehicle (ZEV) sales by 2035, local governments will play a crucial role in addressing inequities in the ZEV transition. Limited access to abundant and reliable charging equipment remains a key barrier to ZEV adoption for all, and city governments can lead efforts to …

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Deciphering NEPA 2.0

Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.

NEPA was long an island of legal stability, standing almost unamended for over a half century.  Then in the summer of 2023, everything changed.  As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime.  As I’ve written before — and discuss …

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Actually, EV Sales Are Right on Track

Don’t believe the current anti-EV spin.

There is a lot of talk about weak consumer demand for EVs — doleful from greens, triumphant from others. Maybe US carmakers have hit a few speed bumps –not surprising when trying to rapidly ramp up a product that’s new to most consumers.  But the reality is actually quite reassuring in terms of the U.S. …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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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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