The Climate Issue & the 2016 Election

There are, to say the least, a broad range of views among the candidates.

We’re beginning to have a sense of where the leading candidates stand on climate change. On the Democratic side, Hillary Clinton announced a goal of 33% renewables by 2030, after saying that the “reality of climate change is unforgiving no matter what the deniers say.  Meanwhile, Bernie Sanders is said to have the strongest record on […]

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A Case of Reverse Causation?

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Tomorrow's Emission Determine Today's Social Cost of Carbon

Here’s the weird thing: the social cost of carbon today, depends significantly on the year-by-year emissions of carbon in the future, which we obviously don’t know. (Because it depends on our own future actions!)  It takes some explanation to show why that’s true and how it matters. If you know a bit about climate policy, you know […]

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Guess What? The Clean Power Plan Isn’t Going to Destroy America After All.

Let's Destroy the Environment!

Compliance isn't turning out to be that much of a burden.

Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.”  Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it.  But even in his home state, according to the Post, the Clean […]

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The Coal Mining Stream Buffer Rule Evokes Firestorm of Protest. #getagrip

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Political polarization has gotten to the point where there would be immediate denunciations if the President issued a proclamation honoring apple pie. Another intrusion into consumer choice, besmirching those who prefer cherry and pumpkin!  Another blatant overreach by an out-of-control, incipient tyrant!  Not only is every executive action accompanied by loud resistance, but the same explosion of […]

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Departure of E.T. (the ExtraTerritorial)

ET says goodbye

The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.

Extraterritoriality is a weird, one might almost say alien, incursion into judicial doctrine under the dormant commerce clause doctrine.  The DCC, as it’s familiarly called, prohibits discrimination against interstate commerce and undue burdens on that commerce. But industry has been attacking a wide range of state renewable energy laws under a doctrine relating to extraterritoriality. […]

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Tragedy of the Commons–California Drought-Style

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State Farmers Planting New Almond Orchards Despite Critical Water Shortages

Traveling through California’s drought-striken San Joaquin Valley repeatedly over the past year, I’ve been surprised and disheartened to see that Valley farmers continue to convert their agricultural fields to newly-planted almond orchards.  (My anecdotal observations have been confirmed by various recent press accounts.)  This development is a striking, current example of Garrett Hardin’s Tragedy of […]

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Petroglyphs? We Don’t Need No Stinkin’ Petroglyphs!

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So says the House Natural Resources chairman.

Henry Ford famously said “history is bunk.” A House committee chair went him one better today, dismissing prehistoric art with the term “bull crap.” Now that I’ve got your attention, here’s a little background. President Obama today designated a new 704,000 acre Basin and Range National Monument under the Antiquities Act. This immediately set off a […]

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Sacramento Judge Halts California Regulator’s Efforts to Impose Water Cutbacks

Court Rules Water Board's Administrative Process Violates Water Users' Due Process Rights

A Sacramento judge has thrown a wrench into the California State Water Resources Control Board’s efforts to impose water cutbacks on several of the state’s senior water rights holders.  In a July 10th order, Superior Court Judge Shelleyanne Chang ruled that the Water Board’s administrative process, designed to implement drought-based water reductions, violates the due […]

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Clem Shute to be honored by California bar

Clem Shute (photo by Liza Heider

Boalt alum will follow Joe Sax as second recipient of environmental law lifetime achievement award

This just in, courtesy of Shute, Mihaly & Weinberger — Clem Shute (Boalt ’64) will be honored this fall with the second Award for Lifetime Contribution to the Field of Environmental Law. (The first Award, of course, went to the late Joe Sax.) Clem richly deserves this prestigious award. He has been a major player […]

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Could a Riparian Conservation Network increase the ecological resilience of public lands?

Mississippi

A new article suggests river corridors could leverage existing policies to build habitat connectivity

As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? […]

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A Water Rights Database For California’s Future

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A proposal to modernize information for management of water resources

In April, a group of us (Richard Roos-Collins, Michael Kiparsky, Nell Green Nylen, Michael Hanemann, and Holly Doremus) wrote a document arguing for the need to develop a more complete and functional source of legal information on California’s water rights. Since then, this proposal has been circulated widely among the California water community. In the spirit of […]

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