AN INVITATION TO ACOEL MEMBERS: A TOOL TO SUGGEST TO YOUR CLIENTS AND FRIENDS...
Climate is clearly an early priority of the Biden Administration. The array and breadth of executive orders surely demonstrates the vast power of the Federal bureaucracy to achieve reductions in...
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It’s a Bird, It’s a Plane….It’s a Drone!
As previously reported, the New York State Department of Environmental Conservation (NYSDEC) and New York State Energy Research and Development Authority (NYSERDA) are focused on meeting their...
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A FLORID (AND POSSIBLY SIGNIFICANT?) ACE DISSENT
On January 19, 2021, the D.C. Circuit issued its long-awaited decision on the Trump EPA’s Affordable Clean Energy (ACE) rule. American Lung Assn. v. EPA, No. 19-1140. The ACE rule was the Trump EPA’s...
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What a Difference a Day Makes
Co-authored by Brian Rosenthal and Timothy WebsterOn Day One, the 46th President of the United States signaled his focus on climate, the environment, and energy in executive orders, official...
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President Biden Pulls the Plug on Keystone XL — Let’s Make Sure It Sets the...
Last week, President Biden hit the ground running on environmental policy, issuing an Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis....
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Battling Over Battlegrounds: Climate Torts Return to the Supreme Court
The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring...
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Showerheads: Untangling the Outgoing Administration’s Last Attack on Energy...
Regulatory trackers from Harvard Law School, Columbia Law School, and the New York Times identify over 100 rule changes from the outgoing Trump administration that could increase greenhouse gas...
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Combating Climate Change with the Clean Air Act’s International Air Pollution...
As the key staffing decisions and priority policy agendas for President-elect Joseph R. Biden begin to take shape, the questions of when and how the administration will act on his campaign’s climate...
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HAS THE TIME COME FOR A GREENHOUSE GAS NAAQS? LAW STUDENTS WILL ARGUE THE...
One thing that is clear from the 2020 election: the Senate will remain closely divided, with slim majority control to be determined by the two January Senate runoff races in Georgia. President Elect...
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An Uncommon Dialogue: All We are Saying, is Give Peace a Chance
Those of a certain age will remember this plaintive, kumbaya-seeking line from John Lennon’s Vietnam War protest song. Naïve, perhaps, but an Uncommon Dialogue process initiated thorough Stanford’s...
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“Purple Haze … Is It Tomorrow, Or Just the End of Time?”
We are in Yosemite, midway through our month-long RV trip out west. We planned this trip long before the world heard of Covid-19, but decided it was the lowest risk vacation we might take in 2020, so...
View ArticleImplementing the CLCPA: New York is Amping up the Electrification of its...
In September 2019, I wrote about the banner year it had been for the environment and environmental legislation in New York, particularly with the passage of the Climate Leadership and Community...
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BLM Rescission of the Methane Waste Prevention Rule Has Been Vacated; Two...
Last month, Judge Yvonne Gonzalez Rogers vacated BLM’s rescission of the 2016 methane “Waste Prevention Rule.” Although Judge Rogers found many flaws in the rescission rule, I think that two are key....
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Hats Off to the Green New Dealers
Watching the U.S. government botch the response to the pandemic may deepen pessimism about our prospects for meaningful action to prevent catastrophic climate change. But multiple failures in foresight...
View ArticleThe “Next” Pandemic : How States Can Avert It.
The “next” pandemic in the USA is not a question of “if” but of “when.” Just as States scramble to win or shore up their victories against COVID-19, a second front appears. Can the USA win a two-front...
View ArticleA New Map of Climate Resilient Landscapes
After 12 years of work by more than 150 Nature Conservancy scientists we now have an interactive map of resilient lands that can withstand climate impacts AND protect biodiversity. Using...
View ArticleSchrödinger’s Climate
Question: Will we meet the goal of holding the rise of mean global temperature to below 2°C?Answer: Yes and no, simultaneously.Welcome to Schrödinger’s climate, a paradox in which commentary on climate...
View ArticleEarth Day 50: Have We Made any Real Progress?
April 22, 2020 marks the 50th Anniversary of Earth Day. The coronavirus pandemic has consumed the world’s attention, and thus it seems likely that Earth Day and environmental issues will unfortunately...
View ArticleNothing But Blue Skies?
As a result of the measures put in place to flatten the curve for the coronavirus pandemic, California is experiencing an unprecedented improvement in air quality. The combination of work from home,...
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Think Globally, Act Locally?
In Washington State, some legislators and regulators have been acting locally. But are they thinking globally?Our two-term governor sought for years, unsuccessfully, to persuade our legislature to...
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