May 2010 - Legal Planet

Month: May 2010

We’ve Known the Risks in the Gulf for Forty Years

We’ve known all along that offshore drilling in the Gulf placed at risk exceptionally valuable and sensitive coastal areas. We need look no further than a forty-year-old court decision on Gulf oil drilling, which made the dangers abundantly clear. In 1971, President Nixon announced a new energy plan involving greatly expanded offshore drilling. In a …

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UVA Defends Academic Freedom

The Virgnia Attorney General, taking a little time off from his frivolous litigation against healthcare reform, is engaged in a fishing expedition against the University of Virginia. He has issued a sweeping civil investigative demand (CID) for university records relating to climate researcher Michael Mann, for no evident legitimate purpose. After some equivocation, the University …

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Blame and the BP Oil Spill

Like most observers, I suspect, I find myself so enraged by the BP oil spill I don’t even know where to direct my anger. Obviously, BP should be at the top — Dan was appropriately eloquent in his word choice by calling the company’s series of errors and negligent acts a cluster%#@*. And the …

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Natural Gas from Shale: The Next Energy Boom? The New Climate Solution?

Steve Levine has an interesting article in TNR touting shale gas as the Next Big Thing in the energy world. He predicts falling oil prices (as low as $30/barrel) and geopolitical dislocations. He does observe, however, that there are some unresolved environmental issues. Some of those issues are addressed in a programmatic EIS that’s available …

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Comer craziness: Appellate nuisance victory overturned, despite lack of quorum (!)

Question: If an 3-judge panel on an appellate court unanimously reverses a D Ct opinion, and the full Circuit lacks a quorum to reconsider the substance of that appellate panel decision, what happens? If you answered “the appellate panel decision survives,” you’d be supported by a certain (which is to say, all) logic — but …

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Today’s Oil Spill News

BP is attempting the “top kill” method of stemming the leak with uncertain results as of yet. Early results are encouraging, and we all hope for the best. In other developments: According to the White House, President Obama will announce six-month extension of moratorium on drilling new wells and will cancel new lease sales off …

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“Why can’t we just make it legal?”

No, not that. The developer in the video below asks the question about building communities that feature walkable spaces, a mix of uses, and more compact development near transit. Most local government land use laws now make them illegal, but they are critical to reducing greenhouse gas emissions from driving, preserving open space, and giving …

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A Two-Word Phrase Beginning with “Cluster” and Rhyming with “Luck”

There’s a classic military term for the series of foul-ups that led to the BP oil spill.

The Oceans Heat Up

Here’s the data from the latest research in Nature, courtesy of Real Climate: I’m sure that at least some economists will view this as a desirable development: soon we’re going to have our very own planetary hot tub!

Carbon Sequestration: Is There a Lesson from Offshore Drilling?

When he lifted the moratorium on new offshore leasing in July of 2008, President Bush assured us that “advances in technology have made it possible to conduct oil exploration in the OCS that is out of sight, protects coral reefs and habitats, and protects against oil spills.” We know now that he was wrong, in part …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

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.

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.

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

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Month: May 2010

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

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.

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.

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

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not much. If at all.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

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.