Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios Pro Rata

Dive into the world of dealmakers across VC, PE and M&A with Axios Pro Rata. Delivered daily to your inbox by Dan Primack and Kia Kokalitcheva.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Nashville news?

Get a daily digest of the most important stories affecting your hometown with the Axios Nashville newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Columbus news?

Get a daily digest of the most important stories affecting your hometown with the Axios Columbus newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Dallas news?

Get a daily digest of the most important stories affecting your hometown with the Axios Dallas newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Austin news?

Get a daily digest of the most important stories affecting your hometown with the Axios Austin newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Atlanta news?

Get a daily digest of the most important stories affecting your hometown with the Axios Atlanta newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Philadelphia news?

Get a daily digest of the most important stories affecting your hometown with the Axios Philadelphia newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Chicago news?

Get a daily digest of the most important stories affecting your hometown with the Axios Chicago newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios NW Arkansas

Stay up-to-date on the most important and interesting stories affecting NW Arkansas, authored by local reporters

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top DC news?

Get a daily digest of the most important stories affecting your hometown with the Axios DC newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Illustration: Aïda Amer/Axios

Ruth Bader Ginsburg's death and the battle over her vacant Supreme Court seat have real implications for energy and climate policy.

Why it matters: If President Trump replaces her, the court will likely become more skeptical of regulations that claim expansive federal power to regulate carbon under existing law, and perhaps new climate statutes as well.

  • If Joe Biden wins the election, that expanded conservative majority on the court could create more legal jeopardy for his promised initiatives to strengthen emissions regulations and create new major ones.
  • "[A] Biden Administration could find it harder to demonstrate that it had a 'reasoned explanation' for rewriting final, Trump-era rules," ClearView Energy Partners said in a weekend note.
  • If Trump wins again, it could strengthen his hand in defending his moves to scrap or weaken Obama-era policies.

The big picture: SCOTUS already blessed federal regulation of greenhouses gases in a 2007 decision, but how much running room it gives agencies is another question entirely. A huge thing in regulatory litigation is how justices interpret the 1984 high court ruling in Chevron v. Natural Resources Defense Council. It gives agencies leeway to interpret statutes that are vague or silent on a topic.

What they're saying: "Already, the Court has been taking a narrower view of Chevron — finding that it applies in fewer and fewer instances, so the principle of deference to agency expertise seems to apply to a smaller scope of cases," said Harvard Law professor Jody Freeman."So, this was already the direction, and a Biden administration was already going to have to be smart and strategic about regulation," said Freeman, who worked in Obama's first-term White House.

Yes, but: "Biden could do a lot on climate change within the EPA’s well-established authority to reduce greenhouse gases," Freeman said, adding, "There is plenty of room to make substantial progress using executive power, while controlling legal risk."

Our thought bubble: There's an even bigger potential spillover effect from the fight over the vacant seat.

  • Imagine Trump loses and Democrats also take the Senate, but the current GOP Senate majority confirms his SCOTUS pick this year.
  • If that happens, the odds grow that Democrats would scrap filibuster rules next year to make it easier to implement their agenda.
  • That, in turn, greatly increases the odds of passing big climate and energy legislation, which faces immense hurdles with the 60-vote threshold intact.

The intrigue: Per ClearView, ending the filibuster would have multiple spillover effects.

  • "[T]he legislative filibuster does not merely shelter the fossil energy status quo by raising the bar for passage."
  • "It also gives a 41-Senator minority the power to threaten a government shutdown (i.e., by blocking funding packages) as a check against Executive Branch decisions. That check would disappear."

Go deeper

Amy Harder, author of Generate
Dec 18, 2020 - Energy & Environment

How to judge America’s climate-change responsibility

Illustration: Aïda Amer/Axios

Historically, America has emitted the most greenhouse gases of any country in the world. But over the next 80 years, the U.S. may account for as little as 5% of such emissions.

Why it matters: Installing technologies to address climate change will, therefore, be most critical in places other than America where emissions’ growth is expected to be higher, according to physicist Varun Sivaram.

Beijing Olympics: These countries have announced diplomatic boycotts

Photo: Zhang Qiang/VCG via Getty Images

Several countries, including Canada and Australia, have announced they will join the U.S. in a diplomatic boycott of the 2022 Beijing Winter Olympics to protest human rights abuses committed by China's government.

Driving the news: Leaders have faced pressure from human rights groups and others to boycott the Games, pointing to the ongoing genocide of Uyghurs and other Muslim minorities in China's Xinjiang region and other abuses.

Biden directs federal government to become carbon neutral by 2050

President Biden speaking to reporters outside of the White House on Dec. 8.

President Biden signed an executive order Wednesday that requires the federal government achieve multiple goals related to reducing its carbon emissions, including achieving net-zero emissions by 2050.

Why it matters: Meeting the objectives of the order would require a massive investment by the federal government to buy electric vehicles, upgrade buildings and change how it procures electricity.