The (Relatively) Unknown Treasures of the National Park Service

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Our National Park System Consists of Far More Than Just National Parks

When most Americans think of the National Park Service, they contemplate the nation’s stellar collection of national parks: Yellowstone, Yosemite, the Everglades and the other 56 parks created by acts of Congress since 1872.  But that’s only part of the story and holdings of the National Park Service, which celebrates its 100th birthday this week. […]

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SB 32 Passage Great News But Legislature Needs to Pass AB 197 Too

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AB 197 Would Curtail California Air Resources Board Power, Potentially Restrict Cap-and-Trade

Ethan reported the good news today that the California Assembly passed SB 32, legislation that would extend California’s landmark climate change legislation to 2030 and require deeper cuts in emissions.  The original legislation, AB 32, required that California cut its emissions to 1990 levels by 2020. SB 32 requires that the state achieve a 40 […]

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BREAKING NEWS: California Assembly Passes SB 32, the 2030 Climate Bill

With governor’s signature, the state will retain its international leadership position on reducing greenhouse gas emissions

It was a rough year in 2015 for SB 32 (Pavley), California’s major climate bill to extend our greenhouse gas reduction efforts to 2030. The bill went down without a vote on the Assembly floor, due to opposition from “moderate” Democrats. But today, the Assembly passed the bill with 42 votes in favor, 29 opposed: […]

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Libertarian Candidate Endorses a Carbon Fee

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Gary Johnson has put his weight behind

In an interview in Alaska, Gary Johnson endorsed the idea of a fee on carbon emissions. Here’s what he had to say, according to E&E News: “Johnson described his “free market approach” to global warming to the Juneau Empire in an interview published this weekend. He said his plan would include a fee, “not a […]

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A Small-Government Approach to Pricing Carbon

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We can impose a price on carbon without a tax or emissions trading. Here’s how.

Cap and dividend is a politically appealing idea; put a price on carbon, then refund the money to consumers in equal shares.  But conservatives and libertarians object to this idea on two grounds. First, cap-and-trade systems are complex and require a lot of regulatory oversight.  Second, if the government collects the money, despite its current […]

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California Supreme Court Holds Unanimously that the State May Restrict Mining Methods on Federal Lands

Court in People v. Rinehart Upholds State Moratorium on Suction-Dredge Mining

Last year, as I discussed in a prior post, the California Supreme Court granted the State of California’s petition for review in the case of People v. Rinehart.  I’m pleased to say that today, the Supreme Court has issued a unanimous opinion, authored by Justice Werdegar, in favor of the state’s moratorium on suction-dredge mining on federal lands. […]

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Louisiana Flood Lessons for a Climate-Changed Future

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Louisiana’s preparedness for a 1000-year flood, and implications of the slow media response for slow-onset climate impacts

The devastating floods in southern Louisiana a week ago left at least 13 people dead, tens of thousands in need of rescue, and 60,000 homes damaged. In one parish, nearly ninety percent of homes flooded. Cellular network failures, road closures, power outages, and sewage-contaminated floodwaters continue to threaten relief efforts. The American Red Cross is […]

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National Park Service Celebrates Centennial Anniversary

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It’s Time to Celebrate–and Re-Commit to–“America’s Best Idea”

This week the National Park Service celebrates its 100th birthday.  On August 25, 1916, Congress enacted legislation proposed by President Woodrow Wilson to create the Park Service.  To this date, creation of the Service remains one of the nation’s most important actions to protect America’s environment.  (Documentarian Ken Burns–himself a national treasure–famously called the national […]

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Upcoming Regulatory Takings Conference 2016

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Nation’s Top Annual Takings Event Set for November 4th in New Orleans

One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels.  Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental […]

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Beyond Administrative Law

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Law students need to know about more than administrative procedure and judicial review.

Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools.  It’s a great course, but it’s limited.  The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative […]

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