After Biden, The Realigned Rubik's Cube on Energy, Land Use, and Environmental Law

After Biden, The Realigned Rubik's Cube on Energy, Land Use, and Environmental Law

Author: ABA Section of Environment, Energy, and Resources October 18, 2024 Duration: 1:00:54

In this podcast Steven Ferrey (Suffolk University Law School) and Steve Weissman (Center for Law, Energy & the Environment), two experts in environmental/energy/land use law analyzing what became a legal Rubik's Cube with many different moving pieces to be realigned by attorneys and clients. New policy is changing electric power to move most of the U.S. economy rapidly to utilize electric power in lieu of conventional direct use of fossil fuels for heating, vehicles, and industry. This fundamental transformation occurs amid demands for much more electric power for artificial intelligence, data centers, and cryptocurrency mining, with the Supreme Court in West Virginia v. EPA declaring that "The electric power sector is among the largest in the U.S. economy, with links to every other sector." This podcast identifies multiple resulting new challenges and provides legal "workarounds" regardless of who sits in the White House.

French President Macron warned the U.S. Congress: "We're killing our planet. Let us face it. There is no Planet B." As the United States now rapidly responds to move to clean energy to power our future, in mid-2024 the Supreme Court fundamentally altered legal options:

  • Creating a new major questions doctrine fundamentally reducing presidential power particularly related to energy, clean air, and climate;
  • Critically "overruling" the most cited Supreme Court decision in the last 50 years, which also involves the environment
  • Eliminating the ability of certain federal agencies enforcing laws to impose civil fines; and
  • Extending dramatically the statute of limitations to challenge federal regulations affecting environment/energy/land-use (renewable electricity is less dense and requires five to ten times as much land as conventional generation of electricity)

This podcast provides a user-friendly road map through this fast-realigning legal maze, and for those interested this podcast is backed up by a new ABA book (Powering the Future: A Lawyer's Guide to Clean Energy) containing all precedent and providing state-by-state charts analyzing barriers, legal differences, and how lawyers may take advantage of achievable workarounds region-by-region.


Tune into Environmental Law Explored: A Podcast SEERies for a direct line to the minds shaping our world's environmental, energy, and resource policies. Produced by the ABA Section of Environment, Energy, and Resources, this series features candid conversations with leading practitioners who are navigating the complex intersection of law, policy, and science. You'll hear them unpack not just the latest regulatory shifts and courtroom battles, but also the historical context that brought us here and the practical realities of building a career in this dynamic field. Each episode goes beyond dry legal analysis to explore the human stories and professional insights behind the headlines. Whether you're a seasoned attorney, a law student, or simply someone keenly interested in how environmental governance works, this podcast offers an accessible yet deeply informed perspective. The discussions are grounded in real-world experience, providing listeners with a nuanced understanding of how laws are interpreted, challenged, and implemented. Remember, the views expressed belong solely to the speakers. For anyone looking to grasp the forces that dictate our relationship with the planet, this is an essential listen.
Author: Language: English Episodes: 50

Environmental Law Explored: A Podcast SEERies
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