This post was originally published on Legal Planet. Reprinted with permission.
April 30 marks President Biden's first 100 days in office. He's appointed a great climate team and is negotiating an infrastructure bill that focuses on climate change. With luck, those actions will produce major environmental gains down the road. There are also some solid gains in the form of actions that have already come to fruition. Here's where things stand.
Executive orders. Former President Trump seemed to delight in issuing anti-environmental executive orders. All of those are gone now, replaced with Biden's environment-friendly substitute. In one important move, Biden restored former President Obama's estimate of the social cost of carbon, which Trump had slashed.
Foreign affairs. Here the big news is that Biden has taken the United States back into the Paris agreement and has submitted a commitment cut emissions by 50 percent from 2005 levels in the next ten years. He has also canceled Trump's approval of the Keystone XL oil pipeline.
Legislation. Biden's COVID stimulus plan mostly focused on getting money into a wide swath of the economy. It did provide $30 billion to help hard-hit mass transit systems get through the pandemic. It also made money …

It’s heartening to see that not all of the noise generated by the 2020 presidential campaign has dissipated in these post-election times.
President Biden pledged last week to cut greenhouse gas emissions by 50 percent by 2030 — making good on a big campaign promise and possibly nudging some of us out of the still-skeptical category.
When I think about climate, I think about equity. Low-income people spend more of their paychecks on energy and transportation costs. Those sweet rebates on electric vehicles? They don’t go to people who can’t afford a new car, much less an electric one. As CPR Member Scholar Maxine Burkett notes, environmental degradation creates “sacrifice zones” — and communities of color pay the price. We simply cannot address climate change without addressing racism, and environmental racism in particular.
When I think about climate, I also think about jobs. Jobs that don …

The Center for Progressive Reform's Connect the Dots podcast returns for Season Five. This season, guests and host Rob Verchick will focus on issues related to energy. Keep reading for a summary and to listen to Episode 1: Fight the Powers That Be.
In 2020, the world banded together to fight the COVID-19 pandemic. Now, in 2021, the world continues to change, and we seem to be progressing forward. In turn, the spotlight shifts to another great calamity: climate change. The environmental crisis has made headlines with the Biden administration making climate mitigation and renewable energy top priorities.
With these advancements, researchers, corporations, innovators, and activists around the world are being tasked to follow suit. To stay united and take on another challenge: the transition to clean energy. But what does that entail exactly? How does a shift to renewables affect the average American household?
Scientists and …

This post was originally published on Legal Planet. Reprinted with permission.
Last Friday, the Second Circuit Court of Appeals issued an important decision in a lawsuit against the oil industry. New York City had sued oil companies for harms relating to climate change. The appeals court ordered the case dismissed, on the ground that any harm relating to fossil fuels is exclusively regulated by the Clean Air Act. The ruling is a setback for the plaintiffs in similar cases, though how much of a setback remains to be seen.
The court's analysis is complicated and involves some fairly esoteric legal arguments. I'll try to avoid the fine points. In the end, the court's argument comes down to two points. The first point relates to fuels used in the United States. The court argues that by authorizing EPA to regulate carbon emissions, the Clean Air Act indirectly eliminates …

This post was originally published on Legal Planet. Reprinted with permission.
Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what?
It wouldn't be hard to redo the Obama policy based on all the changes in the power industry since he left office, which would result in much more rigorous emissions controls. The problem is that the ultra-conservative majority on the U.S. Supreme Court is likely to be very skeptical of the legal basis of any plan that, like Obama's, requires states to expand use of renewable energy.
Opponents of Obama's plan made two legal arguments, which both came up again in the litigation over the Trump rule …

This post was originally published on Legal Planet. Reprinted with permission.
"The social cost of carbon" isn't exactly a household phrase. It's an estimate of the harm caused by emitting a ton of carbon dioxide over the many decades it remains in the atmosphere. That's an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot of controversy. The Obama administration came up with a set of estimates, which Trump then slashed by 90 percent.
In an early executive order, Biden created a task force to revisit the issue. Last week, the task force issued its first report. It's an impressive effort given that Biden is barely a month into his presidency. The document provides a clear overview of the ways in which climate science and climate economics have advanced since the Obama estimates and makes …

Intersectional environmentalism is a relatively new phrase that refers to a more inclusive form of environmentalism, one that ties anti-racist principles into sectors that have long profited from overlooking or ignoring historically disenfranchised populations.
According to youth activist Leah Thomas, “It brings injustices done to the most vulnerable communities, and the earth, to the forefront and does not minimize or silence social inequality. Intersectional environmentalism advocates for justice for people and the planet.”
Nearly 20 years ago, the Center for Progressive Reform (CPR) was founded on a vision that government could be reimagined and reformed so that it serves all people — regardless of income, background, race, or religion — and our planet. Intersectional environmentalism is that vision: thriving communities on a resilient planet.
It is also the theme of CPR’s recent Climate, Energy, Justice video series and corresponding report. CPR takes issue with a business-as-usual approach to …

When it comes to addressing climate-related flooding, Maryland has made progress.
In 2014, it created a "Coast Smart Council" at the state's Department of Natural Resources. Councilmembers, representing government, academia, business, advocacy, and other sectors, work together to develop science-backed resources and rules that govern development of state-funded projects in coastal and flood-prone areas.
Meanwhile, state agencies and local jurisdictions work under the council's auspices and with the benefit of resources. such as local government studies and plans to address climate-related flooding. They also have a new interactive mapping tool — the Climate Ready Action Boundary — to help local governments and the public explore flood-prone boundaries in Maryland. Those who use the tool can make informed decisions about development in areas vulnerable to flooding or sea level rise. Any state development built within the flood-prone boundary must be designed with flood-resilient features.
But these actions don't come close …

As a coastal state, Maryland is especially vulnerable to climate and ocean change — but important environmental protections are woefully out of date, endangering Marylanders' health, safety, economic welfare, and natural resources.
Maryland could take a step to rectify that this year. State lawmakers are advancing important legislation that would bring outdated water pollution rules up to speed and protect Marylanders and the environment.
Senate Bill 227 would require stormwater design standards and permits to reflect current rainfall patterns and put the state on a trajectory to assess and regularly update them in the future. We need appropriately designed stormwater practices to capture and treat greater rainfall volumes to reduce pollutants, like nitrogen and phosphorus, that contaminate water when it rains. And we need the standards to mitigate flooding and other physical impacts.
Hurricanes are increasing in frequency, size, strength, and rainfall volume, and they're following increasingly northward …

This op-ed was originally published in The Hill.
As President Biden continues to roll out executive orders prioritizing climate change, it is increasingly clear that there will be a relatively rapid U.S. shift toward renewable energy from the sun, wind and other sources.
Indeed, many states are already pushing ahead with ambitious renewable and clean energy policies. These policies will reduce air pollution, spur extensive economic development in rural areas and make progress on the climate front.
This “revolution,” as Biden calls it, is critical. But the bulk of renewables that have been built in the United States are large, centralized projects requiring thousands of miles of transmission lines — primarily in rural communities. A revolution that continues to prioritize these projects risks failure. It threatens to create an infrastructural path dependence like the one that “master builder” Robert Moses sparked in the 1950s. The federal highway …