In the News

Carefully orchestrated comment and complaint campaigns can be a powerful, low-risk tool at communities’ disposal, and the organizers and lawyers convened by the Critical Legal Empowerment conference provide important insight into how to get the most out of them.

Because the mining project’s [GHG] emissions comprised 0.44% of the annual global total, Interior concluded that the project would have “no significant impact” on the climate. In doing so, Interior rejected established methodologies such as the social cost of greenhouse gases that would allow for a more precise assessment of climate damage from the mine expansion. This week, the Ninth Circuit held that Interior’s analysis was insufficient.

When states adopt commitments to use clean energy it often has the celebratory air of a new marriage. But making good on those commitments and leaving fossil fuels behind also requires a messy divorce from longstanding legal frameworks. In all of the states that have committed to transitioning to clean energy — and away from fossil fuels — the laws embodying the new commitment generally don’t repeal other, older laws that enable or even encourage consumers to continue getting their energy from fossil fuels.

Considering additional information about interactions with climate change means that some reactors’ licenses might not be extended. But this reversal supports the viability and social license of the U.S.’s nuclear fleet, thereby helping to preserve a crucial zero-emissions resource for the power sector.

Should retirement plan managers be able to consider climate change and other financially relevant environmental, social, and governance (ESG) factors in their decisions? A recent analysis of public comments found overwhelming support for a proposed rule from the Department of Labor (DOL) affirming their ability to consider these factors. ESG factors, including climate change, can affect risk and return for all types of investments, not just ESG-labeled funds. 

You may have noticed quite a few headlines recently about EPA, NHTSA, cars, trucks, waivers, model years, and lawsuits. It’s worth breaking down this flurry of activity, all of which seeks to address vehicle emissions. Here, I’ll clarify the current status of the five separate proceedings happening right now, and offer a preview of what’s to come.

Incandescent bulbs offer basically no advantages to consumers, and their high electricity demands make them worse for the climate and environment as well. The Biden administration's proposed lightbulb efficiency standards would create enormous value for society, including consumer cost savings and reduced climate pollution.

The Methane Rule addresses a market failure to create enormous value for society. Although EPA calculates virtually all conceivable costs of the rule and calculates only one monetary benefit, it still finds that the monetary benefits exceed costs — by $48 billion.

Despite West Virginia's attempts to revise regulatory history in West Virginia v. EPA, a major Supreme Court case on the scope of EPA's ability to regulate greenhouse gases, the agency has long regulated air quality by relying on tools such as emissions trading and generation shifting, writes Dena Adler.

The U.S. Supreme Court has rarely invoked the “major questions” doctrine to invalidate agency regulations. But without any regard for the Court’s jurisprudence, the Trump Administration routinely relied on this doctrine in service of its deregulatory assault on the administrative state. Courts should not rely on the number of public comments to assess the legality of regulations.