The Authority That Sat Dormant for 99 Years
Justice Anthony Kennedy interrupted oral arguments with a question that made everyone bristle. Forty-two briefs filed. Environmental organizations, industry groups, states on both sides, legal scholars—all building their cases about federal authority and standing. Kennedy had done his own research. He'd found something no one else had cited.
A case about dead orchards and sulfur dioxide crossing state lines. Kennedy saw in that precedent something that would reshape climate litigation. The authority had been sitting there the entire time, waiting for someone to understand what it meant. How long do the tools we need sit dormant while we argue about whether we have permission to use them?
The Authority That Sat Dormant for 99 Years
Justice Anthony Kennedy interrupted oral arguments with a question that made everyone bristle. Forty-two briefs filed. Environmental organizations, industry groups, states on both sides, legal scholars—all building their cases about federal authority and standing. Kennedy had done his own research. He'd found something no one else had cited.
A case about dead orchards and sulfur dioxide crossing state lines. Kennedy saw in that precedent something that would reshape climate litigation. The authority had been sitting there the entire time, waiting for someone to understand what it meant. How long do the tools we need sit dormant while we argue about whether we have permission to use them?
History Echoes This Week
The Western US just recorded its lowest snow cover in satellite history: 155,000 square miles against a normal 460,000. Oregon's snowpack sits 30% below any previous low.
California has been here before. In February 1977, after back-to-back driest years, East Bay Municipal Utility District imposed 25% mandatory cuts, later raised to 35%. Statewide urban water use dropped 21% in twelve months. Eight agencies built emergency partnerships, swapping water through improvised connections that would have taken years to negotiate otherwise.
But 1977 was precipitation failure. This crisis is warmth converting snow to rain, exactly the mechanism scientists warned about.
Historical Climate Insights
Easter Island Never Collapsed After All
That collapse narrative has shaped climate adaptation thinking for decades, and the actual lesson is completely different.
Shortwave infrared imaging distinguished real agricultural infrastructure from natural rock across the entire island for the first time.
Historical Climate Insights
Cities Keep Designing for Floods That Already Happened
Why your city's flood preparation consistently lags behind the actual risk you're facing right now.
The pattern shows up globally across coastal cities that default to conditions that no longer exist.