The Farm Is Not An Algorithm

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

This article provides an overview of the second interview in a three-part interview series that explores how digitalization is reshaping environmental governance. I spoke with Oane Visser, an Associate Professor in Agrarian Studies at the International Institute of Social Studies. Visser earned his Ph.D. in anthropology from Radboud University, Nijmegen, in the Netherlands. His research …

CONTINUE READING

The Forthcoming Interpretation Wars

The new NEPA amendments weren’t intended to speed up the process. But they’ll also spark new litigation.

The Interior Department has a rule that environmental review isn’t required for a prescribed fire of 4,500 acres, subject to restrictions that aren’t relevant here. Prior law authorized this kind of regulation but also required the agency to consider whether a particular fire involved exceptional circumstances, such as being next to a wilderness area. After …

CONTINUE READING

Accelerating Freight Decarbonization

A Guide to Zero-Emission Zones in Cities

The Transport Decarbonisation Alliance (TDA) is a collaboration among countries, cities, regions and companies with the goal of accelerating the global transformation of the transport sector towards a net-zero emission mobility system by 2050. CLEE is actively supporting California Air Resources Board (CARB) with its TDA presidency through research and strategic coordination. Together with various …

CONTINUE READING

Who Will Own the Clean Energy Future?

The sun behind wind turbines

In the latest push to finance renewable energy, we have allowed private actors to make substantial claims on public resources without asking for anything in return.

This post was first published at the Law & Political Economy blog as part of their ongoing series on climate, economics, and green capitalism. The Inflation Reduction Act (IRA) has been hailed as the most significant piece of federal climate legislation ever enacted in the United States. Although it has not had much competition on …

CONTINUE READING

The New NEPA: A User’s Guide

The Debt Ceiling Law Rewrote NEPA. Here's a map to the new statute.

The National Environmental Policy Act (NEPA) was passed over fifty years. It created a new tool for environmental protection, the environmental impact statements, It also created the White House Council on Environmental Quality (CEQ), which issued guidelines of implementing NEPA in 1978.  Lawyers will need to retool quickly because of recent changes. Here’s a roadmap …

CONTINUE READING

Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

Digitalization is reshaping environmental governance in profound ways. As environmental degradation and climate change intensify, society increasingly turns to digital technologies to live more sustainably and protect biodiversity and other natural resources, such as land, water, and energy. Digital tools are transforming who is involved in environmental decision-making, how environmental problems are understood and assessed, …

CONTINUE READING

What’s Next in the Fight over Berkeley’s Natural Gas Ordinance

The Martin Luther King Jr. Civic Center, where the Mayor's Office and City Council are located

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

The City of Berkeley just filed a petition for en banc review in its long-running litigation in defense of an ordinance it passed that restricts natural-gas infrastructure in new construction. This litigation has been watched by many in the climate-policy world because of the popularity of laws like Berkeley’s; it took on new relevance for local-authority …

CONTINUE READING

On the Perils of Hasty Drafting

An image of the U.S. Capitol Building in the evening.

The Debt Ceiling Bill was written under intense time pressure. It shows!

Someone asked me how the new bill defines what kinds of projects have enough federal involvement to require an environmental assessment.  I thought I knew the answer. But when I looked carefully at the bill’s language, I realized that it actually can’t mean what I thought it did. In fact, it’s so badly written that …

CONTINUE READING

Sackett and the Dangers of a New ‘Clear-Statement Rule’

Wikimedia (CC-BY-SA 3.0)

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy. 

The Supreme Court decision in Sackett v. EPA limits the Environmental Protection Agency’s ability to defend a large portion of the nation’s wetlands and waterways from pollution. The decision strips key environmental protections from the Clean Water Act by narrowly defining which bodies of water can be regulated under the Act, making it the most …

CONTINUE READING

NEPA and the Debt Deal

Will the permitting sections of the debt ceiling bill undermine environmental reviews?

Prior to the release of the text of the debt ceiling bill Sunday night, press reports had mentioned only a couple of provisions relating to environmental impact statements. It turns out there’s a lot more. The bill would make numerous changes in the statute governing impact statements, the National Environmental Policy Act of 1969 (NEPA). …

CONTINUE READING

TRENDING