June 2009 - Legal Planet

Month: June 2009

Solar Energy on the Fast Track

Yesterday, U.S. Interior Secretary Ken Salazar and Nevada Senator Harry Reid announced a series of initiatives to create a “fast track” for the development of utility scale solar energy facilities on Western public lands. This will include designating certain tracts of land as especially promising based on solar potential and land use compatibility, funding environmental …

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Climate change breaking news: EPA grants California waiver to regulate GHG emissions from cars

The U.S. Environmental Protection Agency has taken an important step toward addressing climate change and improving our nation’s automobile fuel economy, by granting California and at least 14 other states a waiver allowing them to regulate automobile greenhouse gas emissions. This was not unexpected, given the recent passage of federal legislation with standards similar to …

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Do Religion and Environmentalism Mix?

I’m in Ohio this week for the biennial “Kallah” of ALEPH, the organizational home of the Jewish Renewal movement. This has led to an interesting question about the relation of religion and environmentalism. I’m taking a class given by Arthur Waskow on what he calls “eco-Judaism,” which is a pretty self-explanatory phrase: Waskow believes that …

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“Betraying the Planet”

Paul Krugman has a terrific op. ed with that title in the today’s Times. Here’s the gist: Do you remember the days when Bush administration officials claimed that terrorism posed an “existential threat” to America, a threat in whose face normal rules no longer applied? That was hyperbole — but the existential threat from climate …

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Ethanol and World Hunger

A new report, based on intensive modeling, raises serious concerns about the impact of first-generation biofuels such as corn ethanol. The picture for second-generation fuels, such as the cellulosic ethanol now being researched at the Energy Bioscences Institute, is much better. Note, however, that the source is somewhat suspect — the OPEC Fund for International …

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Cool Cars For California

Those California environmental regulators: there they go again… This past week, California’s Air Resources Board adopted first-ever regulations requiring auto manufacturers to include sun-reflecting window glass for all cars and light trucks sold within the state. The new rules take effect in 2014. It turns out that conventional vehicle windows waste a lot of energy. …

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Clearing Title (and Rain Forest)

On Friday, the day Waxman-Markey passed the U.S. House, another significant legal development took place — one that may also bear on climate change. President Lula of Brazil signed a bill providing legal title to squatters on Amazon land. Opponents argue that it will spark speculation in Amazonian property and increase deforestation.

Environmental law humor

Clean Water Act mavens may recall the controversy about a year ago when the Army Corps of Engineers determined that the Los Angeles River was not navigable, and therefore did not fall under federal CWA jurisdiction (LA Times story here). A Corps biologist responded by kayaking the river on her day off to prove it …

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Biodiversity-friendly seawalls

Seawalls as typically constructed are smooth, vertical structures, beautiful to an engineer’s eye but unappealing to tidal creatures looking for the more complex physical structure typical of a rocky shore. A new paper (Oecologia, subscription required) out of the University of Sydney shows that engineering and ecology need not be at odds, however. The authors …

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Climate Bill Passes House!

The Waxman-Markey bill narrowly passed the House yesterday. This is a historic achievement. As Cara reported yesterday, there are some real qualms about whether the bill is strong enough — and particularly about its heavy reliance on offsets. Environmentalists have never liked offsets, partly because they lessen the technology-forcing effect of emissions controls and partly …

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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: June 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.