Climate Break

What is Mobycon?Mobycon is a sustainable mobility consultancy based in the Netherlands with offices in Canada and the United States. For the past three decades, they’ve drawn from the Netherlands’ experience improving biking and walking access to help city planners and government agencies plan safe and sustainable mobility networks. Their guiding philosophy emphasizes the importance of understanding how people move, what routes they take, and traffic behavior. In an effort to make cities safer for bikes and pedestrians, Mobycon helps their clients commit to serious economic and policy efforts that challenge car-centered city design by providing them with various services and tools to facilitate new forms of urban mobility. For example, their interactive mobility workshops and education programs have trained a wide range of local stakeholders, city planners, engineers, and even school children. Tools such as Star Analysis, an approach to bicycle network planning, and Streetsketch, Mobycon’s free street design tool, embody Dutch design principles that can be locally adapted in municipalities around the world. Mobycon is a leading example of how partnerships between governments and the private sector can advance sustainable solutions to transportation and urban planning challenges.The Dutch Sustainable Mobility ModelDutch models of mobility address fundamental challenges to automobile centered urban planning and street safety. The Dutch model focuses on returning streets to public spaces for vulnerable road users like bicyclists and pedestrians, also known as the “shared space” concept. The Dutch approach emphasizes network-based planning that ensures safety for all road users and assesses existing city infrastructure in local contexts. The successful transition towards shared mobility in the Netherlands can be accredited to the vast amount of research, funding, design efforts, and political will that has gone into crafting the Dutch approach.COP27 and Sustainable TransportationThe transportation sector is responsible for approximately one quarter of anthropogenic greenhouse gas emissions. While zero emission vehicles will play a role in decarbonisation, other ways of getting around, like biking, are also critical . Nout says in many countries, designing cities in a way that makes biking and walking safe and convenient will require a whole new way of thinking about city planning and traffic engineering, but training for these specialities is often expensive and inaccessible. Mobycon is a member of the Transportation Decarbonisation Alliance (TDA), an international coalition that seeks to accelerate the transportation sector towards a net-zero emissions mobility system. The TDA’s Call to Action on Active Mobility, which they’ve brought to this year's COP27 discussions, hopes to change that. It asks global leaders to commit additional funding to train planners and engineers in sustainable mobility design. Nout says this support will help remove the current bottleneck in sustainable infrastructure investment – the skilled professionals to make transportation decarbonisation goals reality.Lennart NoutLennart Nout is an urban mobility specialist who serves as the Manager of International Strategy at Mobycon. His work includes training and capacity building, as well as developing strategic projects and urban mobility plans in Europe and North America. With a specialized interest in bike mobility, Nout’s projects are mainly focused on design, policy, consultation, and guidelines for cycling in cities around the world. For a transcript, please visit https://climatebreak.org/designing-cities-for-a-car-optional-future-with-mobycons-lennart-nout/

For a transcript, please visit https://climatebreak.org/what-can-californias-experience-tackling-climate-change-teach-the-federal-government-with-richard-corey/

For a transcript, please visit https://climatebreak.org/building-tribal-communities-energy-independence-with-indigenized-energy-initiative/

What is Carbon MineralizationCarbon mineralization is a naturally occurring chemical process that occurs when carbon dioxide becomes “mineralized” through a chemical reaction. The chemical reaction occurs when certain rocks, most often in deep underground igneous and metamorphic formations, are exposed to carbon dioxide. Carbon mineralization holds greater amounts of carbon than carbon storage in sedimentary reservoirs, as the chemical reactions in carbon mineralization create new carbonate minerals like calcium carbonate.Carbon mineralization is potentially an important solution for reducing atmospheric carbon dioxide, as the mineralized carbon cannot escape to the atmosphere, so serves as long-term carbon storage. This process can be artificially sped up to sequester greater amounts of atmospheric carbon and prevent atmospheric warming. Mine waste and industrial sites also hold potential for fast carbon mineralization as crushed rocks can be more easily used for mineralization and at lower cost than injecting underground rocks. Surface carbon mineralization can also help mitigate onsite carbon emissions by reducing energy usage.Carbon mineralization is not without risks, including the potential to trigger earthquakes or change the pressure profiles of rock formations. Current methods also require significant water use. In the United States, the Pacific Northwest holds the greatest potential as it is abundant in basalt rocks. States such as Minnesota,Wisconsin, Minnesota, Oklahoma, Texas, and Hawaii hold potential for deep underground infections. Crushed rock and mine sites all across the country also have the potential for carbon mineralization. Why Concrete is AttractiveUnlike other methods of carbon mineralization, storing carbon in concrete can serve a dual purpose by also reducing the emissions associated with the concrete and cement industries. Currently, the cement industry emits approximately eight percent of global carbon dioxide emissions. It also comes with less potential to disrupt rock formations.For guest Dr. Erica Dodds, who sees financeability as key to the success of any carbon removal technology, the concrete industry’s size is an advantage, because companies bundling carbon removal with concrete can profit from an existing market with plenty of demand. Dodds says that state and local governments can go a long way towards supporting these approaches by establishing procurement plans that require government infrastructure projects to source concrete from carbon removing producers.Foundation for Climate Restoration The Foundation for Climate Restoration (F4CR) is a non-profit organization that works to restore Earth’s climate to pre-industrial levels. The organization's philosophy is to restore our atmosphere primarily through carbon removal to protect our planet for future generations. To fulfill this mission, F4CR works to reduce greenhouse gas emissions, while simultaneously building capacity for carbon dioxide removal. F4CR aims to remove 1,000 gigatons (Gt) of carbon by 2050, as “the IPCC recognizes that we will need 100-1,000 gigatons (Gt) of carbon removal by the end of the century just to meet 1.5 degree C warming goals.”Dr. Erica DoddsDr. Erica Dodds serves as the Chief Operating Office at F4CR and is committed to climate activism and poverty reduction. Dodds believes that today’s climate youth activists are the key to the fight against climate change and restoring a safe and healthy world. She holds a Ph.D. in Interdisciplinary Evaluation, an M.A. in International Development Administration, and has experience working with NGOs across the world along with the Evaluation Office of the International Labor Organization in Geneva. SourcesAbout - Foundation For Climate RestorationMaking Minerals - How Growing Rocks Can Help Reduce Carbon EmissionsCarbonCure For a transcript, please visit https://climatebreak.org/using-concrete-for-carbon-removal-with-dr-erica-dodds/

Climate Change and the Law of the SeaSea level rise due to climate change will directly impact at least 70 countries, many of them small, low-lying island nations. Though their contribution to climate change is very little, they face some of its worst consequences. This is not a new issue, and tension has been building since the late 1980s. In 1989, the Maldives, an island nation in the Indian Ocean, issued an international declaration, the first of its kind, calling attention to sea level rise due to climate change, and how it impacts its land. Island states often have small land area, but, under international law, have jurisdiction over a larger area of their surrounding seas for economic purposes. What if an island loses territory due to sea level rise? If so, it could lose its economic zone. This is also a national security question; could another nation then legally take over this economic zone? Currently, the international law framework, called the Law of the Sea, does not answer these questions even though the livelihoods of millions are at issue. A 2021 declaration by Pacific Island nations calls for maritime boundaries to stay where they are now regardless of sea level rise. However, this requires the endorsement of other nations. The United Nations, up until now, has paid comparatively little attention to this issue, but, through its study group on sea-level rise, the UN is aiming to engage non-low-lying island nations, and attempt to resolve these and other questions. Climate Refugees Need Protected Status Under the LawBy 2050, there could be 1.2 billion climate refugees, according to the international think tank International Environmental Partnership. But these refugees often do not fit the legal definition of “refugee”, including individuals displaced in the United States. Becoming a “refugee” under the law confers special status; it protects from deportation, for example. In 2013, a man from Kiribati, a country undergoing severe sea level rise, applied for refugee status as a “climate refugee” in New Zealand. His application was denied, and he was repatriated to Kiribati. The man subsequently filed a complaint with the UN Convent of Civil Liberties, claiming his right to life had been violated. The man lost his case, because his life was not found to be under immediate danger. However, the wording of the UN’s ruling in the case asserts that those fleeing a climate crisis cannot be sent home, thereby creating a non-binding international construct. This case illustrates some of the complexities raised by climate refugees and how they are currently viewed in many of the world’s legal systems. Sea level rise is not only an issue of the future but already an issue of the present. Who is Dr. Nilufer Oral?Dr. Nilufer Oral is director at the Center for International Law at the National University of Singapore. She is also a member of the International Law Commission at the United Nations and co-chair of the study group at the UN on sea level rise in relation to international law. Read MoreSink or swim: Can island states survive the climate crisis? | | UN NewsStatement by Ms. Nilüfer Oral, Co-Chairs of the Study Group on Sea level rise -- Interaction with members of the ILC 2020Nilufer Oral--COP 26International Law as an Adaptation Measure to Sea-level Rise and Its Impacts on Islands and Offshore Features | Request PDF For a transcript, please visit https://climatebreak.org/adapting-ocean-governance-for-a-world-of-rising-seas-with-dr-nilufar-oral/

What are zero-emission zones?A zero-emission zone (ZEZ) is a designated area where only zero-emission vehicles, pedestrians, and cyclists are permitted unrestricted access. Other vehicles are not permitted entrance, or must pay a fee to enter. Some ZEZs permit hybrid electric vehicles to enter, and these zones are referred to as “near-ZEZs”. Due to freight transportation’s outsize impact on carbon emissions, several cities have chosen to establish zero-emission zones exclusively focused on freight transport. Several dozen cities around the world, most of them in Europe, have implemented or announced plans to establish zero-emission zones. The United States is yet to implement a ZEZ. Global ZEZ development occurs in the context of a rapid increase in electric vehicles on city streets. Increased electric vehicle sales enable the establishment of ZEZs, which, in turn, incentivize electric vehicle ownership. How to establish a ZEZ? What are some possible obstacles to establishing zero-emission zones?Legal/PoliticalLack of political acceptance due to fears of public reactionsBureaucratic/slow decision makingPrivacy concerns regarding street sensors and cameras, enabling occupancy control and street chargingFinancialNeeds large-scale investment in EVs and EV infrastructureIncremental long-term vs immediate short term improvement impacts budget considerationsHow to account for a wide range of stakeholders with competing financial interestsTechnologicalPutting in sensors and street cameras at scaleCreating convenient apps and platforms Open-source data and data platforms (ie data on traffic flow)OtherSupport from local communitiesWhat happens to those that cannot afford electric vehicles?How to scale up, ie from a single street to an entire section of a cityWho is Arjan Oranje?Arjan Oranje is program manager for zero emission mobility in Rotterdam, the Netherlands. Starting in 2025, Rotterdam is designating its city center as a zero-emissions zone. Learn MoreHow C40 cities are implementing zero emission areasZero emissions areas: Why aren’t they everywhere? | World Economic ForumZero Emissions Zones: A tool to target benefits of vehicle electrification to communities that need it most - The Greenlining InstituteCan low emissions zones effectively regulate traffic in cities? | Automotive World For a transcript, please visit https://climatebreak.org/zero-emission-zones-with-rotterdams-arjan-oranje/

AYR is the world’s first virtual digital platform that provides users with credits for carbon emissions saved. Created by the Center for Engineering and Product Development (CEiiA), the AYR app works to reward users with “eco-tokens” for every kilometer traveled using sustainable forms of transportation, such as public transportation, biking, or walking. The goal of AYR is to accelerate individuals, businesses, and local communities' transition to carbon neutrality. AYR is currently operating in the Municipality of Matosinhos, in the Metropolitan Area of Porto, Portugal where CEiiA is based. The municipality hopes to be part of the European Union's Horizon Europe Program’s mission to create 100 carbon-neutral cities by 2030, and Matoshino is using AYR to help achieve this goal. The app quantifies carbon emissions in real-time and utilizes blockchain technology to reward users in “tokens [that] circulate in the city ecosystem as a ‘local sustainability coin’”. Users of AYR receive crypto-tokens in their digital wallet that can be exchanged for green goods, mobility, and municipal services in the local economy. The crypto-tokens can also be used to offset carbon emissions in a local voluntary carbon market. One example of AYR’s success is in “six months, a group of bike and scooter sharing services in the city of Matosinhos, Portugal, helped avoid 18.1t CO2 and generated 181,000 digital credits that users could spend on other city services.” AYR extends beyond individual users to local businesses, which can receive crypto-tokens and other financial benefits that can be used to fund green projects. The data collected with AYR is also used in the local decision and policy-making process. Many carbon mitigation programs charge a tax or fee for carbon emissions emitted, but AYR instead rewards and pays users for carbon emissions avoided. AYR was designed to help remove cars from the road and take back public spaces to transform and enhance neighborhoods to be more environmentally friendly. CEiiA is also currently testing the platform in Itajaí, Brazil, and hopes to expand to ten more cities in Northern Portugal, Brazil, Europe, and Latin America in the next two years. AYR received the New European Beaches (NEB) Prize for Products and Lifestyles in September 2021 and the platform is backed by Google Impact Challenge on Climate. Paulo HumanesPaulo Humanes is the Director of Mobility, Automotive, and Cities at CEiiA where he works as an engineer to innovate the mobility sector. Humanes received a Master’s in Transport Engineering at the University of Newcastle upon Tyne and now works as a visiting professor there. Humanes also received the title of fellow from the Chartered Institute of Highways and Transportation and served as the chairman of the institute in 2009. In his role at CEiiA, Humanes works with institutional partners such as the World Resource Institute, World Bank, and Organization for Economic Cooperation and Development, to build zero-emission mobility solutions. Humanes also works with local cities and government partnerships, through projects such as AYR, to build capacity for new transportation and mobility climate solutions. Sources:https://www.themayor.eu/en/a/view/catarina-selada-on-the-first-ever-platform-that-assigns-credits-for-saved-carbon-emissions-10339https://new-european-bauhaus-festival.eu/fair/72wsc7zCKmGVMpoQsLy20Jhttps://www.ceiia.com/about-ushttps://www.ceiia.com/ayrhttps://2022.itf-oecd.org/speaker/paulo-humaneshttps://impactchallenge.withgoogle.com/climate2020/charities/ceiiahttps://research-and-innovation.ec.europa.eu/funding/funding-opportunities/funding-programmes-and-open-calls/horizon-europe/eu-missions-horizon-europe/climate-neutral-and-smart-cities_en#:~:text=EU%20missions%20are%20commitments%20to,ensuring%20soil%20health%20and%20food.For a transcript, please visit https://climatebreak.org/using-cryptocurrency-to-reward-sustainable-transportation-with-paulo-humanes/

In 2018, nearly one-third of the 39 million tons of waste in California landfills was compostable organic material. Organic material – food and agricultural waste – releases methane, a very potent greenhouse gas, as it decomposes. As a result, California’s Short-Lived Pollutant Reduction law, SB-1383, targets such food waste by establishing methane reduction targets and takes aim at food insecurity in the state. The implementation of SB-1383 is vital in supporting California’s climate goals. Methane is produced when organics rot, and it is critical to reduce methane emissions levels as the gas is eighty-four times more potent than carbon dioxide in the atmosphere over a 20 year period. When implemented, SB-1383 will reduce California’s methane emissions from organic materials in traditional landfills by an estimated twenty percent.SB 1383 also supports California's commitments to improving human health, creating clean jobs, and supporting local economies. Some of SB-1383 targets include: expanding California’s organics infrastructure, ensuring all residents and businesses have access to recycling and organics collection services, a seventy-five percent reduction in organic waste disposal from 2014 levels, and that no less than twenty percent of currently disposed edible food is reserved for human consumption by 2025. The bill also requires jurisdictions to conduct outreach and education to all businesses, residents, solid waste facilities, and local food banks. Chris Seney is the Director of Organics Operations at Republic Services and has operated organic facilities for over twenty years in California. Seney helped lead the development of organics infrastructure and enactment of SB-1383 across the state. The implementation of SB-1383 has resulted in an increase in demand for composting facilities, which, in turn, has increased energy demand. Now, California has its first fully solar-powered compost facility, Republic Services’ Otay Compost Facility in Chula Vista. The facility runs completely on renewable energy, processes one hundred tons of organic waste a day, and helps the San Diego region meet the demands of SB-1383. Compost also supports California’s climate goals as it promotes a “an economy that uses a systems-focused approach and involves industrial processes and economic activities that are restorative or regenerative by design.” A circular economy focuses on sustainability and the lifecycle of materials, maximizing resources while minimizing waste. Compost is a critical part of a circular economy as the compost produced from recycled organics preserves natural resources, nutrients, and water that would otherwise be lost in landfills. Along with preserving resources, the composting initiatives in SB-1383 are expected to significantly support decarbonization goals. Whendee Silver, a UC Berkeley ecosystem ecologist, “has estimated that applying an inch of compost to just 5% of California’s rangelands would suck enough carbon out of the atmosphere to equal pulling 6 million cars off the road.” Composting may be the next climate crusade and SB-1383 is leading the nation in efforts reducing both food waste and greenhouse gas emissions. Sources: SB 1383 Resources - CalRecycle Home PageChris Seney - COMPOST2023 - USCC Conference Site (compostconference.com)SB 1383: Cal Recycles Organic Waste Recycling Requirement | City of Corona (coronaca.gov)Organic Materials Management and Climate Change - CalRecycle Home PageUnderstand Senate Bill (SB) 1383 - Recycling & Waste Reduction Division - County of Santa Clara (sccgov.org)Republic Services (RSG) Opens Solar-Powered Compost Facility | Markets Insider (businessinsider.com)https://www.scsengineers.com/californias-first-fully-solar-powered-compost-facility-shines-brightly-scs-engineers/https://www.latimes.com/california/story/2021-12-09/trash-compost-california-climate-change-lawhttps://www.epa.gov/recyclingstrategy/what-circular-economy#:~:text=It%20is%20a%20change%20to,manufacture%20new%20materials%20and%20products.https://www.unep.org/news-and-stories/speech/methane-action-tackling-warming-planet#:~:text=Methane%20in%20the%20atmosphere%20is,also%20delivering%20air%20quality%20benefits. For a transcript, please visit https://climatebreak.org/using-solar-energy-to-power-large-scale-compost-with-chris-seney/

What is the GeoGrid?The Geo Grid is a network of heating pumps that harnesses the geothermal energy stored under the Earth’s surface to heat and cool buildings. It operates through a network of pipes that go deep into the ground and connect houses to each other. These pipes are filled with water, which brings the constant underground temperature up to the Earth’s surface, and into the buildings. The pipes that connect the buildings to each other are then used to exchange energy between buildings, so one building's need for cooling can be balanced by another’s need for heating, ensuring that no energy is wasted. A heat pump located inside each building determines whether the heating or cooling is needed. This interconnected system has already been initiated at college campuses across the country. These networks can be expanded by connecting more systems along city streets, allowing the GeoGrid to spread across neighborhoods, cities, and states. This would help replace natural gas with geothermal energy as a primary heating method, and greatly reduce carbon emissions. Installing geothermal energy for a single household can be expensive and inaccessible for many. In order to keep costs low and expand the accessibility of GeoGrids, HEET has worked with utility companies to install geothermal technology for entire neighborhoods for the same cost of providing gas utilities. This is not only cost-efficient, but energy efficient. Positioning heat pump technology as utility infrastructure will reduce the financial burden of switching to renewable energy for consumers while preserving jobs in utility companies.About HEETHEET, or the Home Energy Efficiency Team, is an organization working to find innovative ways to cut carbon emissions. HEET has worked on several initiatives beyond the GeoGrid Micro Districts in order to cut greenhouse gas emissions. HEET started out as a group of volunteers working together to make their homes more efficient through heat trapping doors, insulated windows, and efficient light bulbs. HEET has also supported solar panel installation challenges, resulting in discounted installation prices and greater adoption of the technology in the area. HEET has also worked to cut methane-polluting natural gas leaks. Natural gas is the most common resource used to heat buildings, and leaks can occur in heating systems. HEET has gained data on these leaks from utility companies, and publishes annual maps showing their location and severity to draw public attention to the issue and spark action to stop them. To improve the way utility companies and governments deal with leaks, HEET also worked to pass a Massachusetts law requiring the most environmentally-impactful leaks to be addressed first. After developing a method to measure environmental impact through the Large Volume Leak Study, HEET worked with community members and the largest utility companies in Massachusetts to plan a path forward to stop the most methane-producing leaks first. Who are Audrey Schulman and Zeyneb Magavi?Audrey Schulman is the co-executive director of HEET, which she co-founded in 2008. She spearheaded the public mapping of utility-reported gas leaks as well as the Large Volume Leaks Study, and has worked to implement the GeoGrid Micro Districts, several of which have been installed in New York and Massachusetts. She is also the author of six novels, which have won several awards including the Philip K. Dick Award 2019, and have been translated in twelve languages. Zeyneb Magavi is the co-executive director of HEET. Zeyneb designed the Geo Micro District to make buildings energy efficient in a scalable way. Six Geo Grid installations have been funded, mainly by gas utility companies, and she has started an independent research group to optimize the transition from gas to Geo Micro Districts. She studied physics at Brown University and global health and sustainability at Harvard, where she is now guest faculty at the School of Public Health. Zeyneb previously worked in the public health field, bringing technological solutions to public health problems in the developing world. She has also been part of two start-up launches. Sourceshttps://heet.org/who-we-are/about/https://youtu.be/fXAum1rXdkshttps://www.coloradomesa.edu/facilities/sustainability/geo-systems.htmlhttps://heet.org/gas-leaks/fix-big-gas-leaks/https://audreyschulman.com/bio For a transcript, please visit https://climatebreak.org/using-geothermal-technology-to-replace-natural-gas-in-homes-with-heet/

What is “place-based” climate change communication?Climate change can feel overwhelming and impersonal when discussed on a global or national scale. Place-based communication works to make climate change feel relevant to local communities and individuals. Issues that impact local communities and have connections to climate change, such as waste, energy, and food initiatives are often good places to start discussions on how to implement climate policies. A focus on local issues can empower communities to take action on matters of local importance with broader implications. When replicated in many communities, place-based communication can enable wide-scale implementation of climate solutions, better communication of science to laypeople, and even engender greater trust in national institutions and scientists advocating for climate solutions. Climate communication is more effective when it incorporates climate solutions that are already being implemented in specific localities. For example, climate communicators can build upon local energy initiatives, spreading information to speed-along a renewable energy transition. Knowledge Co-productionAnother useful approach to climate communication is referred to as knowledge co-production, a collaborative process bringing together different people, perspectives, and experiences, rather than presenting climate change from, for example, solely from an academic or scientific perspective. When global and national actors engage in knowledge co-production with local communities, both groups benefit. Local communities gain crucial knowledge from experts, enabling them to create smarter/more effective solutions for their communities. Meanwhile, scientists and higher-level policymakers gain knowledge they otherwise would not have, and are empowered to bring diverse perspectives into their work. Part of effective climate communication is not only communicating knowledge, but also taking in new perspectives that can help inform how information is communicated, and what is communicated. Who is Dr. Candice Howarth?Dr. Candice Howarth is a Senior Policy Fellow at the Grantham Research Institute on Climate Change and the Environment at the London School of Economics. She is additionally co-Director of the Place-Based Climate Action Network. She researches how the co-production of knowledge and science communication can be used to inform better decision-making with regard to climate change.Learn MoreUnpacking the power of place-based education in climate change communicationLocal knowledge in climate adaptation research: moving knowledge frameworks from extraction to co-productionBook: Addressing the Climate Crisis: Local action in theory and practiceWhat is climate change communication? For a transcript, please visit https://climatebreak.org/what-does-effective-climate-communication-look-like-with-dr-candice-howarth/

For a transcript, please visit https://climatebreak.org/environmental-racism-with-dr-robert-bullard/

For a transcript, please visit https://climatebreak.org/how-do-oyster-reefs-protect-shorelines-with-claire-arre/

For a transcript, please visit https://climatebreak.org/how-to-protect-water-supply-from-agricultural-pollutants-with-des-moines-water-works/

West Virginia v. EPAThe U.S. Supreme Court issued its decision in West Virginia v. Environmental Protection Agency on June 30, 2022, determining (in a 6-3 ruling) that, without explicit congressional instruction, the EPA cannot curb emissions at existing power plants by forcing a change to renewable energy sources (as opposed to directing specific emissions reductions from the power plants themselves). Chief Justice Roberts, writing the majority, declared that mandating a switch to renewables is such a major shift that it falls under the “major questions doctrine.” That doctrine – which is a creation of the Supreme Court – has not been fully developed, but has been presented as a limit on the power of the Executive Branch, requiring Congress to provide specific direction through legislation before the President may act. What constitutes a “major question” and when it is to be invoked is unclear. The West Virginia case involved a regulation from the Obama-era that called for reduction of greenhouse gas emissions from coal fired power plants, which could take the form of replacement of those plants with renewable energy. That regulation was withdrawn by the Trump administration, which issued a regulation much more limited in scope. The Biden administration then withdrew the Trump-era regulation and is working on a new regulation. So, the Obama-era regulation at issue in West Virginia was not operative, which would normally make the case moot. The Supreme Court ruled, however, that because the rule could be reinstated, the case could proceed, underscoring the majority’s strong intent to create the major question doctrine. The doctrine is presented as a check on executive power, but also represents a potentially significant expansion of judicial power. It is the Court that apparently will decide the parameters of what constitutes a major question, when and under what circumstances it will be applied, and when the President needs explicit authorization from Congress to take action. Though West Virginia v. EPA hinders EPA authority, it still leaves open several avenues for effective government climate action. The case does not touch on local and state government ability to regulate pollutants, and does not affect the EPA’s regulation of high-emitting sectors such as transportation. Additionally, this Court decision does not affect new power plants, only existing plants. Though it prevents the EPA from mandating renewable energy for existing power plants, the EPA can still require specific emissions reductions from individual plants. Finally, West Virginia v. EPA highlights the importance of passing effective congressional climate change legislation with explicit authority for the executive branch. West Virginia v. EPA is a further reminder that climate change cannot be fought without bold congressional action. For a more detailed discussion, we invite you to listen to the long version of this podcast on this website, and check out the links below.Who is Professor Dan Farber?Dan Farber is one of the nation’s most cited and influential scholars of environmental and constitutional law, and is faculty director of the Center of Law, Energy, and Environment at Berkeley Law. After law school, he clerked for Justice John Paul Stevens of the U.S. Supreme Court, giving him an intimate look into the workings of the nation’s highest court. His most recent book is Contested Ground: How to Understand the Limits on Presidential Power (UC Press 2021). Dan Farber is the Sho Sato Professor of Law at the University of California, a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute.Learn MoreWest Virginia v. EPA: A Quick Explainer - Legal PlanetEmerging Answers to Major Questions - Legal PlanetOpinion | The Supreme Court's EPA Decision Is More Gloom Than Doom - The New York TimesThe Supreme Court's EPA Ruling Is Going to Be Very, Very Expensive - The AtlanticWest Virginia v. EPA and the Future of the Administrative State - Legal Aggregate - Stanford Law School For a transcript, please visit https://climatebreak.org/what-does-west-virgina-v-epa-mean-for-environmental-policy-with-professor-dan-farber-and-ken-alex/

For a transcript, please visit https://climatebreak.org/wildfire-resilience-in-california-with-chuck-bonham/

West Virginia v. EPAThe U.S. Supreme Court issued its decision in West Virginia v. Environmental Protection Agency on June 30, 2022, determining (in a 6-3 ruling) that, without explicit congressional instruction, the EPA cannot curb emissions at existing power plants by forcing a change to renewable energy sources (as opposed to directing specific emissions reductions from the power plants themselves). Chief Justice Roberts, writing the majority, declared that mandating a switch to renewables is such a major shift that it falls under the “major questions doctrine.” That doctrine – which is a creation of the Supreme Court – has not been fully developed, but has been presented as a limit on the power of the Executive Branch, requiring Congress to provide specific direction through legislation before the President may act. What constitutes a “major question” and when it is to be invoked is unclear. The West Virginia case involved a regulation from the Obama-era that called for reduction of greenhouse gas emissions from coal fired power plants, which could take the form of replacement of those plants with renewable energy. That regulation was withdrawn by the Trump administration, which issued a regulation much more limited in scope. The Biden administration then withdrew the Trump-era regulation and is working on a new regulation. So, the Obama-era regulation at issue in West Virginia was not operative, which would normally make the case moot. The Supreme Court ruled, however, that because the rule could be reinstated, the case could proceed, underscoring the majority’s strong intent to create the major question doctrine. The doctrine is presented as a check on executive power, but also represents a potentially significant expansion of judicial power. It is the Court that apparently will decide the parameters of what constitutes a major question, when and under what circumstances it will be applied, and when the President needs explicit authorization from Congress to take action. Though West Virginia v. EPA hinders EPA authority, it still leaves open several avenues for effective government climate action. The case does not touch on local and state government ability to regulate pollutants, and does not affect the EPA’s regulation of high-emitting sectors such as transportation. Additionally, this Court decision does not affect new power plants, only existing plants. Though it prevents the EPA from mandating renewable energy for existing power plants, the EPA can still require specific emissions reductions from individual plants. Finally, West Virginia v. EPA highlights the importance of passing effective congressional climate change legislation with explicit authority for the executive branch. West Virginia v. EPA is a further reminder that climate change cannot be fought without bold congressional action. For a more detailed discussion, we invite you to listen to the long version of this podcast on this website, and check out the links below.Who is Professor Dan Farber?Dan Farber is one of the nation’s most cited and influential scholars of environmental and constitutional law, and is faculty director of the Center of Law, Energy, and Environment at Berkeley Law. After law school, he clerked for Justice John Paul Stevens of the U.S. Supreme Court, giving him an intimate look into the workings of the nation’s highest court. His most recent book is Contested Ground: How to Understand the Limits on Presidential Power (UC Press 2021). Dan Farber is the Sho Sato Professor of Law at the University of California, a member of the American Academy of Arts and Sciences and a Life Member of the American Law Institute.Learn MoreWest Virginia v. EPA: A Quick Explainer - Legal PlanetEmerging Answers to Major Questions - Legal PlanetOpinion | The Supreme Court's EPA Decision Is More Gloom Than Doom - The New York TimesThe Supreme Court's EPA Ruling Is Going to Be Very, Very Expensive - The AtlanticWest Virginia v. EPA and the Future of the Administrative State - Legal Aggregate - Stanford Law School For a transcript, please visit https://climatebreak.org/what-does-west-virgina-v-epa-mean-for-environmental-policy-with-professor-dan-farber-and-ken-alex/

For a transcript, please visit https://climatebreak.org/carbon-farming-with-ian-howell/

For a transcript, please visit https://climatebreak.org/why-does-russias-invasion-of-ukraine-matter-for-energy-policy/

For a transcript, please visit https://climatebreak.org/environmental-racism-with-dr-robert-bullard/

For a transcript, please visit https://climatebreak.org/what-u-s-china-diplomacy-relationship-means-for-fighting-climate-change-with-kevin-rudd-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/ev-vehicle-grid-integration-with-dr-carla-peterman-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/the-importance-of-merging-humans-and-nature-with-dr-liz-hadly-california-china-climate-institute/

For a transcript, please visit the episode's webpage: https://climatebreak.org/climate-101-s1e1-lessons-from-california-where-weve-gone-wrong-that-other-states-can-learn-from-as-well-as-where-weve-gone-right/

For a transcript, please visit https://climatebreak.org/climate-disaster-mitigation-through-political-action-with-dr-michael-mann-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/decarbonization-in-the-short-term-with-christiana-figueres-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/how-policy-change-boosts-electric-vehicle-transformation-in-europe-with-laurence-tubiana-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/intergovernmental-pressure-on-climate-finance-with-mary-mary-robinson-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/how-environmental-voters-can-influence-climate-policy-with-dr-martin-rees-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/what-you-need-to-know-about-cop26/

For a transcript, please visit https://climatebreak.org/president-biden-has-signed-the-infrastructure-bill-what-will-happen-next/

For a transcript, please visit https://climatebreak.org/president-biden-has-signed-the-infrastructure-bill-what-will-happen-next/

For a transcript, please visit https://climatebreak.org/how-seaweed-helps-scientists-reduce-methane-emissions/

For a transcript, please visit https://climatebreak.org/corporate-climate-policy-advocacy-with-bill-wiehl/

For a transcript, please visit https://climatebreak.org/large-scale-solar-with-shannon-eddy/

For a transcript, please visit https://climatebreak.org/regenerating-food-systems-with-grizzly-corps/

For a transcript, please visit https://climatebreak.org/nature-based-solutions-with-dr-deborah-brosnan/

For a transcript, please visit https://climatebreak.org/to-keep-the-warming-limited-with-dr-veerabhadran-ramanathan-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/cap-and-trade-market-for-carbon-credits-with-mary-nichols-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/shifting-to-renewable-energy-with-hal-harvey-california-china-climate-institute/

For a transcript, please visit https://climatebreak.org/prescribed-burns-with-bill-tripp/

For a transcript, please visit https://climatebreak.org/the-american-conservation-coalition-with-karly-matthews/

For a transcript, please visit https://climatebreak.org/president-bidens-infrastructure-bill-with-ken-alex-and-ethan-elkind/

For a transcript, please visit https://climatebreak.org/rooftop-solar-with-bernadette-del-chiaro/

For a transcript, please visit https://climatebreak.org/zero-emission-aviation-with-val-miftakhov/

For a transcript, please visit https://climatebreak.org/zero-emission-aviation-with-val-miftakhov/

For a transcript, please visit https://climatebreak.org/ev-charging-vehicle-to-grid-integration-with-scott-moura/

For a transcript, please visit https://climatebreak.org/ev-charging-vehicle-to-grid-integration-with-scott-moura/

For a transcript, please visit https://climatebreak.org/plant-based-meat-with-ricardo-san-martin/

For a transcript, please visit https://climatebreak.org/youth-climate-justice-with-candice-youngblood/

For a transcript, please visit https://climatebreak.org/earth-day-with-ken-alex-and-ethan-elkind/