April 2009 - Legal Planet

Month: April 2009

Followed by a moonshadow

Referencing the Apollo Program and our country’s near-mythic success in achieving the goal of a first moon landing has become commonplace in the climate-and-energy debates. Here’s Obama doing it in his address a few days ago to the National Academy of Sciences (a great speech, btw, defending the role of government in spurring scientific advances, transcript and analysis available …

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Don’t breathe the air

For 186 million Americans, that’s the message of the American Lung Association’s State of the Air 2009 report. That’s how many Americans live in areas with unhealthful levels of ozone or particulate air pollution. The ozone problem is much worse than the Association reported last year, primarily because EPA has tightened the ozone standard. But …

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New life for new source review

The Obama Administration is beyond its 100th day, but still busy on the environmental front undoing the work of its predecessor. One thing that means at EPA is breathing life back into the Clean Air Act’s New Source Review program, which the Bush Administration had been busily trying to write out of existence. In the …

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Do we need a weatherman to know which way the climate goes?

A new report, Climate Change in the American Mind, was just released by the Yale Project on Climate Change and the George Mason University Center for Climate Change Communication. This report summarizes and synthesizes original polling research on our opinions, attitudes, and knowledge about climate change. (Statistician Nate Silver has an interesting post at Fivethirtyeight.com about some of …

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California’s Low Carbon Fuel Standard–& a Paean to Applied Scholarship

Jonathan Zasloff has previously written about the California Air Resources Board’s pioneering decision last week to mandate carbon-based reductions in state transportation fuels. These regulations, known as California’s Low Carbon Fuel Standard (LCFS), are the first of their kind in the United States. More importantly, the LCFS is an integral part of CARB’s ambitious plan …

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Will the Specter Shift Affect Environmental Legislation?

The answer is probably “yes,” not because Specter will become an environmental champion but because his votes will shift at the margin. If you look at the LCV scores (here), Specter is below 50% this year and for his lifetime average. Part of that may be Pennsylvania — Bob Casey is only at 60%, which …

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Ruling by Justice Scalia Makes it Easier to Repeal Bush-Era Rules

Ironically, an opinion by Justice Scalia will indirectly help the Obama Administration repeal Bush-era environmental rules.

A framework for offshore renewable energy

Cymie posted here about the hearings Interior recently held in on both coasts on offshore energy development of all stripes. True to the President’s commitment to making renewable energy development a priority, shortly after those hearings Interior’s Minerals Management Service finalized regulations governing renewable energy development on the outer continental shelf. The regulations, developed under …

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Interior to pull mountaintop mining rule

UPDATE 4/29: AP reports that the Justice Department’s filing requests that the rule be vacated and remanded on the grounds that it was not preceded by ESA consultation. (Hat tip: PLF on ESA). Interior Secretary Ken Salazar announced today that his department would ask the court hearing a challenge to a key Bush-era rule on …

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The fat lady is warming up — make that singing

UPDATE 4/28: The Secretaries of Interior and Commerce have announced that they are revoking the Bush administration’s midnight rule on ESA section 7 consultation. They apparently are not revoking the special rule on the polar bear (as they were also authorized to do under the omnibus spending bill). We will have more when the formal …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Month: April 2009

TRENDING

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.