More great environmental and energy law scholarship

Some of the best articles in the field from 2016-17

Some of our readers may be interested in what is happening in environmental and energy legal scholarship.  So I thought I’d post again (I also did this in 2016) about the Land Use & Environment Law Review, which is Thomson Reuters/West Publishing’s peer-selected annual compendium of significant legal scholarship in land use and environmental law.  […]

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CEQA and Local Land-Use Regulations

California gubernatorial candidates debate the role of CEQA and local land-use regulations in the state’s housing crisis

The first (and probably only) debate in the California governor’s race happened earlier this week between Democratic nominee Gavin Newsom and Republican nominee John Cox.  Appropriately enough both candidates were asked how they were going to address the state’s housing crisis.  Newsom’s response was an ambitious target of 500,000 new homes/year through 2025 (far higher […]

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The Elephant In The Atmosphere

The IPCC’s report rings alarm bells on climate change.

As many major news outlets have reported, the UN’s Intergovernmental Panel on Climate Change (“IPCC”) released a special report last Saturday detailing the harmful effects of global warming at 1.5 degrees Celsius above pre-industrial levels. This new threshold number is significant.  The Paris Agreement on climate change aims to limit global warming to 2 degrees Celsius, […]

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Where Does California Stand On Managing Vehicle Pollution?

4 stories to watch as policymakers aim for cleaner air and safer streets

While California has been a decades-long leader in technologies and policies to reduce smog from cars, the state has in recent years been seriously ramping up efforts to simultaneously deliver cuts to vehicle carbon emissions, one of the state’s most stubborn climate policy challenges. Vehicle pollution poses both long-term risks for climate change and immediate […]

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Battle for the Senate: The Lone Star State

Is Texas in play? The environmental stakes are high.

Texas is a late addition to my list of key Senate races. It’s still not clear how genuinely Texas is in play, but it’s surprising that we’re even asking the question. Here’s what we know about the candidates and the environment. Ted Cruz (R). Cruz managed to get a 0% score from the League of Conservation […]

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Trump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California

Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year

Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by […]

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Wildfires: Managing the Risks

How can we limit the spread of wildfires and save people and property?

Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies.  We […]

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Negative Emissions Technologies in the New Report on Limiting Global Warming

Last week, I described how the scenarios expected to keep global warming within the 2°C target, which was internationally endorsed in the Paris Agreement, had to assume the use of negative emissions technologies at very large scales. The Intergovernmental Panel on Climate Change (IPCC), an international assessment body, downplayed this essential fact in its most recent major report, […]

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“What stands in the way becomes the way.”

Using current climate policies to address future political barriers to more stringent policy

Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies.  (See coverage here for Canada, and here for Australia.)   Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two […]

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Progressive Regulatory Reform

Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?

Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine.  That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is […]

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Pretzel Logic

The bases for Trump Administration rulemakings contain some real head-scratchers.

The Trump Administration has been hard at work to roll back Obama-era administrative agency actions, and like many of my colleagues, I’ve been sifting through pages and pages of the administration’s bases for the about-face on a number of environmental regulations.  As I’ve done so, a theme has emerged: these rule rollbacks and replacements often […]

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