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Showing 189 results

wind turbines on a grassy plain

Daniel Farber | July 17, 2023

Not Just About the Climate

The main reason to control carbon is to protect the climate. But cleaning up the energy system has plenty of other benefits. Those benefits will flow to people in rural areas as well as urban ones, to national security and international development, and to nature itself.

Brian Gumm | June 28, 2023

Leaning on Unproven Carbon Capture Technologies in Louisiana and Beyond

The federal Inflation Reduction Act and the U.S. Environmental Protection Agency's (EPA) most recent power plant rules are big wins for climate and the environment. However, they both have their shortcomings, and one of them is their reliance on carbon capture and storage technologies to reach ambitious climate emissions goals. As a new Center for Progressive Reform report shows, carbon capture technologies are unproven and pose significant risks, especially to communities in states like Louisiana that are already overburdened by pollution.

Shelley Welton | June 12, 2023

Net-Zero Emissions: Good Climate Science, Bad Climate Policy

The scientific concept of net-zero emissions has quickly become an organizing policy paradigm, enshrined in the Paris Agreement and manifested in thousands of “net-zero” pledges developed by countries, states, cities, and private companies. Collectively, these pledges now purport to cover more than 91 percent of the global economy. If this figure sounds too good to be true, that’s because it likely is. Net zero is anti-democratic, inequitable, and imperial. For related reasons that I focus on in this post, it is also unlikely to work as a strategy to achieve the collective global aim of net-zero carbon emissions.

air pollution

Daniel Farber | May 23, 2023

The Biden Power Plant Rule and the Major Questions Doctrine

We’ve already started to hear claims that the Biden power plant rule falls under the major questions doctrine, which the U.S. Supreme Court used to strike down former President Obama’s Clean Power Plan. Are those claims plausible?

Wetlands Landscape

Minor Sinclair | May 11, 2023

In Upcoming Fishing Case, High Court Could Reel in Entire Administrative State

On May 1, the U.S. Supreme Court agreed to hear a case on whether the U.S. Department of Commerce has the authority to require fishermen to allow inspectors on board. At stake is the ability of agencies to write regulations that reasonably interpret laws even when they are ambiguous.   

A family exiting their electric vehicle

Daniel Farber | April 24, 2023

The Car Rule and the Major Questions Doctrine

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.

Two men installing solar panels

Alice Kaswan, Catalina Gonzalez | April 20, 2023

Delivering Environmental and Climate Justice Block Grants to Communities in Need

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.

Scales of justice, a gavel, and book

Daniel Farber | April 19, 2023

The Revenge of the Lawyers

As you’ve probably heard, the Biden administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress rather than on a purely economic analysis. That may not sound like much, but it’s a really big deal. Among other things, this will shift influence on the regulatory process somewhat away from economists and toward lawyers.

Federico Holm, Katlyn Schmitt | April 10, 2023

Maryland: Energy Efficiency for Our Climate, Our Health, and Our Wallets

The Maryland Senate has just one day left to pass a bill that would deliver greater energy savings for Marylanders through the EmPOWER program — the state’s energy efficiency and weatherization program. The bill would build on the success of the EmPOWER program by ensuring lower energy bills for low-wealth Marylanders, as well as greater public health and climate benefits that coincide with improved energy efficiency.