Is US Climate Law Up to the Challenge? A Look Ahead with Harvard Law School
Scott Podvin
Improving Communities | Real Estate Developer/Broker | LEED® AP | Green Finance Advocate | Renewable Energy Solutions | Sustainable Energy | Clean Technology | Solar Power | Energy Efficiency
Climate change is no longer a distant threat; it's a reality disrupting lives and livelihoods around the globe. As Dr. Katharine Hayhoe, a prominent climate scientist, poignantly stated, "The most effective climate change strategy is to act with such urgency and innovation that looking back, we will think not only that we took decisive action, but that we did so in a way that created a better future."
The urgency of Dr. Hayhoe's words underscores the critical role of effective policy and law in tackling this challenge. Here at Global Empowerment Leadership (GEL), with over 200 videos on our YouTube channel and 63 editions of our newsletter reaching nearly 2,000 subscribers on LinkedIn, we're committed to keeping you informed and empowered on climate action.
In anticipation of the upcoming Climate Action Week hosted by the Salata Institute for Climate and Sustainability at Harvard University (June 10th onwards), we're focusing on a key theme: The Challenge of U.S. Climate Law in the Next Five Years: What to Expect from Congress, the President, and the Supreme Court.
This session at Harvard Climate Action Week, featuring a distinguished panel of legal and policy experts (listed at the end of this article), promises to be a fascinating exploration of the legal and policy landscape surrounding climate change in the US. The discussions will delve into the tools available to government and business leaders as they navigate this critical juncture, while also considering the potential impact of the 2024 election on federal climate leadership.
Stay tuned for the next section of this article, where we'll delve deeper into the specific challenges and opportunities facing US climate law, drawing insights from the upcoming Harvard event. We'll also explore how GEL, through its insightful YouTube content and informative LinkedIn newsletter, can be your one-stop shop for staying informed and engaged in the fight against climate change.
Panelists at Harvard Climate Action Week - The Challenge of U.S. Climate Law in the Next Five Years:
Introduction: The Gathering Storm - U.S. Climate Law at a Crossroads
The clock is ticking on climate change. Scientists around the world are issuing ever-more urgent warnings about the dire consequences of inaction. The United States, as the world's second-largest emitter, has a critical role to play in addressing this global crisis.
However, the path forward for U.S. climate policy remains uncertain. The upcoming 2024 presidential election looms large, with the potential to significantly impact the nation's approach to climate change. This presentation dives into the challenges and opportunities that lie ahead for U.S. climate law in the next five years.
We'll explore the legislative landscape in Congress, potential executive actions by the current or a future administration, and the role of the Supreme Court in climate regulation. By examining these critical factors, we aim to shed light on the most promising paths forward for achieving meaningful climate progress in the years to come.
The Legislative Landscape: What to Expect from Congress
The political winds will undoubtedly influence the type and scope of climate legislation emerging from Congress in the next five years. Here's a breakdown of what we might see:
Focus on Bipartisanship or Partisan Strife?
The current political climate in Congress often favors narrow margins. Bipartisan cooperation may be necessary for comprehensive climate bills to pass. Potential areas of compromise could lie in infrastructure spending with a strong green focus, investing in renewable energy grids, and developing carbon capture technologies.
However, partisan gridlock remains a significant hurdle. If significant ideological differences persist, Democrats might resort to budget reconciliation, a procedural tool allowing them to bypass Republican filibusters for specific spending bills. This approach could advance targeted climate initiatives but may lack the comprehensiveness of broader legislation.
Likelihood of Major Climate Legislation
Passing a landmark climate bill that drastically reduces emissions within the next five years faces an uphill battle. The success will depend on several factors:
Alternative Pathways: Budget Reconciliation and Targeted Bills
Even in the absence of a sweeping climate bill, Congress can still take significant steps. Budget reconciliation offers a potential avenue for targeted climate investments like tax incentives for renewable energy or funding for climate adaptation projects.
Additionally, Congress might consider a series of smaller, more targeted climate-friendly bills. These could address specific areas like methane emissions reduction or energy efficiency standards in buildings. While such measures might not be as transformative as a comprehensive bill, they can still contribute to long-term climate goals.
The next five years will be a critical juncture for climate legislation. While significant challenges exist, opportunities for progress remain through bipartisanship, strategic use of budgetary tools, and a sustained public push for climate action.
III. Executive Action: Climate Policy under the Current and Potential Administrations
Current Administration’s Climate Initiatives
The current administration has taken a proactive stance on climate change, utilizing executive orders and regulations as key tools to advance its climate agenda. A pivotal executive order issued on January 27, 2021, placed the climate crisis at the center of U.S. foreign policy and national security1. This order aimed to catalyze domestic and international efforts to tackle the climate crisis, emphasizing the urgency for action and the integration of climate considerations into the heart of governmental decision-making2.
In a sweeping move, the administration directed a whole-of-government approach to address climate change, including the suspension of new oil and gas leasing on federal lands and the elimination of fossil fuel subsidies3. The administration also set ambitious goals such as achieving a carbon pollution-free power sector by 2035 and putting the U.S. on an irreversible path to a net-zero economy by 20502.
Potential Shifts Post-2024 Election
The outcome of the 2024 presidential election could herald significant changes in executive climate policy. A new administration may either bolster the current trajectory towards stringent climate action or pivot towards a more relaxed regulatory stance. The election results will likely influence the prioritization of climate issues, the allocation of resources towards climate resilience and sustainability, and the U.S.'s role in international climate negotiations.
Legal Challenges and Limitations
Executive actions on climate change are not without legal challenges and limitations. The scope of executive power is bounded by legislation and subject to judicial review. For instance, the rollback of environmental regulations by the previous administration faced numerous legal challenges, highlighting the contentious nature of regulatory changes4.
Moreover, recent rulings by the Supreme Court have underscored the intricate balance between executive authority and judicial oversight in environmental regulation. The Court’s decisions can significantly shape the extent to which executive actions can be used to address climate change5.
As we look ahead, it is clear that the executive branch will continue to play a crucial role in shaping U.S. climate policy. However, the interplay between the administration’s ambitions, congressional legislation, public opinion, and judicial rulings will ultimately determine the trajectory of the nation’s climate action.
V. The Judicial Branch: The Supreme Court and Climate Regulation
The Supreme Court’s Recent Record on Environmental Regulations
The Supreme Court’s recent decisions have signaled a more restrictive view on the scope of federal regulatory authority over environmental issues. Notably, the Court’s ruling in West Virginia v. EPA significantly narrowed the Environmental Protection Agency’s (EPA) ability to regulate carbon emissions from power plants under the Clean Air Act1. This decision reflects a broader trend of the Court’s conservative majority to limit the reach of environmental laws and agency powers2.
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In another case, the Court stripped protections from wetlands that are isolated from larger bodies of water, making it easier for developers to alter these environments2. These rulings underscore a judicial approach that may prioritize property rights and economic interests over environmental protection.
Potential Impact of a Skeptical Supreme Court on Future Climate Regulations
A skeptical Supreme Court poses challenges for the future of climate regulations. The Court’s recent decisions have created a precedent that could embolden challenges to federal authority over environmental regulation3. This could lead to increased litigation and uncertainty for agencies like the EPA as they attempt to enforce and implement climate policies.
The Court’s insistence on clear congressional authorization for regulatory actions of significant economic and political magnitude means that the EPA and other agencies may face hurdles in enacting broad climate initiatives without explicit legislative backing4.
Strategies for Navigating Potential Legal Roadblocks Imposed by the Court
To navigate the potential legal roadblocks imposed by the Supreme Court, policymakers and advocates may consider several strategies:
By anticipating and preparing for legal challenges, the executive branch and environmental advocates can continue to advance climate regulation despite a potentially skeptical Supreme Court.
V. A Panel Discussion: The Most Promising Paths Forward
In a world grappling with the escalating impacts of climate change, the path to a sustainable future is paved with innovation, policy reform, and public engagement. The upcoming panel discussion at Harvard Climate Action Week, moderated by Jody Freeman, promises to shed light on the most promising legislative and executive actions for climate progress in the next five years.
Legislative and Executive Actions
Freeman, known for her role in shaping national energy policy and her work on the Obama administration’s climate action plan1, is expected to guide a conversation on the intersection of law and climate policy. With Richard Lazarus’s significant contributions to environmental law and his insights into Supreme Court rulings on climate regulation2, the panel will explore the evolving legal landscape and its implications for future climate legislation.
Overcoming Obstacles
Victoria Arroyo brings a wealth of experience from her time at the EPA and the Georgetown Climate Center, where she focused on climate law and policy3. Her perspective will be crucial in discussing strategies to navigate the political and legal challenges that climate policies often face.
Innovation and Market Forces
Abigail Dillen of Earthjustice, with her track record of litigating precedent-setting cases that have shaped environmental law4, will likely emphasize the role of the judiciary in enforcing and upholding climate regulations. Meanwhile, Greg Dotson’s experience with the Inflation Reduction Act will provide valuable insights into how legislation can incentivize technological innovation and market solutions to reduce carbon emissions5.
Public Engagement
Roger Martella’s role at GE Vernova positions him to discuss the importance of corporate responsibility and sustainability in addressing the energy trilemma of reliability, affordability, and sustainability6. His insights will complement those of Mary Nichols, who, as Distinguished Counsel at the Emmett Institute, has been at the forefront of climate change and environmental justice initiatives7.
The Role of the Judiciary
Former Solicitor General Don Verrilli’s experience with Supreme Court cases on climate regulation will provide a unique perspective on the potential impact of judicial decisions on future climate policies8.
Conclusion
The panelists, each a distinguished figure in their respective fields, will collectively address the multifaceted approach required to tackle climate change. From legislative reforms to executive actions, and from legal strategies to public mobilization, the discussion will underscore the urgency of concerted efforts in driving climate solutions.
VI. Conclusion: Navigating the Future of U.S. Climate Law
As we stand at the precipice of a defining era for climate action, the next five years present both formidable challenges and unprecedented opportunities for U.S. climate law. The key challenges lie in navigating the complex political landscape, overcoming legal hurdles, and ensuring that policy keeps pace with the urgency of the climate crisis. Yet, these challenges are matched by the potential for innovative solutions, robust leadership, and a groundswell of public support that can drive meaningful change.
The Imperative of Leadership and Innovation
The importance of continued leadership cannot be overstated. It will take the concerted efforts of policymakers, legal experts, business leaders, and activists to forge a path forward. Innovation, particularly in the realms of technology and sustainable practices, will be the linchpin in transitioning to a low-carbon economy. The development of renewable energy sources, advancements in carbon capture, and the implementation of green infrastructure are just a few areas where innovation can make a significant impact.
The Power of Public Support
Public support is the cornerstone of democratic action on climate change. It is the collective voice of the people that can hold leaders accountable and push for ambitious climate policies. As individuals, we have the power to influence change through our choices, advocacy, and by raising awareness within our communities.
Getting Involved: Making a Difference Together
For those looking to get involved and make a difference, there are numerous avenues to explore. Subscribing to the Global Empowerment Leadership’s LinkedIn newsletter and YouTube channel is a step towards staying informed and engaged. These platforms offer a wealth of knowledge and insights, empowering viewers to become active participants in the climate dialogue.
By joining the Global Empowerment Leadership community, you can gain access to the latest research, expert opinions, and actionable strategies for climate advocacy. Whether you’re a seasoned activist or new to the cause, your involvement is crucial in shaping a sustainable future for all.
Together, we can confront the challenges and seize the opportunities that the next five years will bring. Let’s commit to a path of action, innovation, and collaboration to ensure that U.S. climate law is up to the challenge of safeguarding our planet for generations to come.
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