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Although the U.S. Constitution does not say so directly, the U.S. Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier for states to fend off those claims.

Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heritage Foundation and states like Texas were quick to wheel out this attack. No doubt the same attack will be made on the administration's ambitious proposed post-2026 standard. Maybe Judge Kacsmaryk in Amarillo, crusader against abortion pills and all things liberal, would buy that argument. But opponents won’t be able to handpick their judge this time, and the chances that this argument will win in the D.C. Circuit are slim to none.

The landmark Inflation Reduction Act gave the U.S. Environmental Protection Agency (EPA) $3 billion to fund a wide range of pollution reduction, clean energy, and climate resilience measures in the nation’s most marginalized communities. At issue now is how the agency will allocate the funds to eligible communities and projects.

After a year and a half of work, the California Air Resources Board (CARB) is poised to vote on an updated statewide climate plan. The final draft of the plan incorporates ambitious targets for achieving carbon neutrality by 2045, which were updated in September to reflect new legislation and Governor Gavin Newsom’s push for stronger action.

This is the third post in a three-part series on recent efforts to place justice and equity at the center of California’s climate plans. Read the first  and second  posts. California Gov. Gavin Newsom (D) and champions of environmental justice in the state legislature and advocacy community are cheering the recent passage of a series of new laws that […]

This is the second post in a three-part series on recent efforts to place justice and equity at the center of California’s climate plans. The first post and third post are also available on our blog. Environmental justice advocates are calling on California regulators to strengthen protections for underserved and overburdened communities — which are disproportionately […]

This is the first post in a three-part series on recent efforts to place justice and equity at the center of California’s climate plans. Part II and Part III will run October 11 and 12. In a major victory for climate justice, California regulators recently announced significant improvements to the statewide plan, the AB32 2022 Scoping Plan Update, to […]

The Center for Progressive Reform has joined close to 1,000 organizations and individuals in providing comments on California's long-awaited plan for achieving carbon neutrality, the Draft 2022 Scoping Plan Update (Draft Plan). Gov. Gavin Newsom gave the California Air Resources Board (CARB), the state agency tasked with coordinating the plan, a daunting challenge: achieving carbon neutrality by 2045 at the latest. Our comments conclude that the state should (1) be more ambitious, (2) more explicitly achieve multiple objectives, including environmental justice, and (3) develop a supplemental plan that more specifically outlines the policy tools the state will employ to achieve its objectives.

On June 23, the California Air Resources Board (CARB) will hold its first public hearing on its draft plan (the Draft 2022 Scoping Plan) for achieving the state's climate goals and for getting to carbon neutrality no later than 2045. Including actions that prioritize California's overburdened and underserved communities will be vital to the success of the proposed plan.