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Dec. 11, 2020 by Daniel Farber

Downstream Emissions

This post was originally published on Legal Planet. Reprinted with permission.

A recent Ninth Circuit ruling overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump administration's plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeals' decision may also change the way agencies consider other fossil fuel projects, such as gas pipelines.

In Center for Biological Diversity v. Bernhardt, environmental groups challenged the Interior Department's approval of an offshore drilling and production facility on the north coast of Alaska. In its environmental impact statement, the agency refused to consider the effects of the project on carbon emissions outside the United States.

On its face, as the court was quick to point out, the agency's position makes no sense. It's like assuming that if you pour water in one end of the bathtub, it won't rise on the other end. There's a world market for oil, so increased supply anywhere means that prices go down and world demand goes up. The Interior Department also said that the effect on emissions was too uncertain to quantify, but the court …

Jan. 30, 2019 by Amy Sinden
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This post was originally published by JURIST.

The news on the climate crisis has been bad lately and getting worse. In the face of President Trump's continued denial and his administration's diligent efforts to roll back every shred of progress made by the Obama administration and to prop up an ailing coal industry, the warnings from the scientific community have only become more dire.

In November, 13 of Trump's own agencies released a 1,600-page report confirming that climate change is already impacting communities across the country — bringing major storms, droughts, disease, water shortages, and more. That came on the heels of the latest report from the Intergovernmental Panel on Climate Change (IPCC), warning that climate change is occurring more rapidly than previously thought. The report predicted catastrophic consequences if we don't make "rapid," "far-reaching," and "unprecedented" "transitions in energy, land, infrastructure, and industrial systems" …

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Downstream Emissions

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