July 2010 - Legal Planet

Month: July 2010

It’s the little things

People tend to pay a lot of attention to large animals and plants, which we find interesting and attractive. We know that bias affects policy decisions; we preferentially protect “charismatic megafauna.” But the big appealing creatures wouldn’t exist without the tiny, uncharismatic ones that form the base of the food web. And those little things …

Continue reading “It’s the little things”

Is the Western Climate Initiative Constitutional?

Brad Plumer in The New Republic rightfully celebrates the emergence of the Western Climate Initiative, which establishes a cap-and-trade system among several US states and three of the most important Canadian provinces: British Columbia, Ontario, and Quebec. “Cap-and-trade is coming to the United States,” he notes, “and there is nothing that the Senate can do …

Continue reading “Is the Western Climate Initiative Constitutional?”

PACE Advocates Keep Piling On FHFA

The hits keep coming. As I’ve been chronicling, the Federal Housing Finance Administration’s decision to effectively destroy the energy efficiency and renewable energy financing program called Property Assessed Clean Energy (PACE) is inviting serious legal and political blowback. First, California Attorney General Jerry Brown sues the feds, and now Sonoma County, the Sierra Club, and …

Continue reading “PACE Advocates Keep Piling On FHFA”

EPA stands by endangerment finding

EPA today issued its response to the 10 petitions that have been filed asking it to reconsider its December 2009 determination that greenhouse gas emissions cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare. To no one’s surprise, the agency is standing by its earlier finding. As …

Continue reading “EPA stands by endangerment finding”

Energy storage is key to the success of renewables in California

UPDATE: The bill summary linked below from the California Energy Storage Alliance actually summarizes a former version of the bill. The current bill version, linked below and here, is the best source now. The current version imposes no percentage mandate on utilities. Thanks to Ethan Elkind for pointing that out. UCLA Law and Berkeley Law recently …

Continue reading “Energy storage is key to the success of renewables in California”

ELQ’s 2010 annual review

Congratulations to Ecology Law Quarterly on publication of this year’s Annual Review of Environmental and Natural Resources Law. Check out these fine articles: Filling the Regulatory Gap: A Proposal for Restructuring the Clean Water Act’s Two-Permit System, by Robert B. Moreno Reasonable Bases for Apportioning Harm under CERCLA, by Robert Guo Energy v. Water, by …

Continue reading “ELQ’s 2010 annual review”

Indirect Land Use Change and Biofuels

Biofuels are a promising way to reduce carbon emissions, but they have a potential side-effect: indirect land use change (ILUC). ILUC is more serious for some fuels than others, but it’s a possibility with any biofuel except perhaps algae grown in tanks in the desert. The logic of ILUC seems undeniable: because demand for food …

Continue reading “Indirect Land Use Change and Biofuels”

No national renewable energy goals? Don’t try to tell that to the Pentagon.

The heat wave that has smothered the Eastern seaboard like a heavy, sweaty blanket has apparently done nothing to inspire the U.S. Senate to pass a climate bill, or take major steps on the energy front. Insiders report that Harry Reid’s “stripped down” energy bill will not only dodge the climate debate, but it will …

Continue reading “No national renewable energy goals? Don’t try to tell that to the Pentagon.”

Urban Sprawl and the Obama Administration

The American Prospect has an interesting article about Shelley Poticha, the director of HUD’s new Office of Sustainable Housing and Communities. Poticha is working to encourage a suburban nation to live in ways that make it feasible to walk, take public transit, and bike. Her goal is to make suburban sprawl a thing of the …

Continue reading “Urban Sprawl and the Obama Administration”

Using Disclosure as a Smokescreen: How Behavioral Economics Can Deflect Regulation

A key figure in behavioral economics recently issued a warning about over-reliance on its findings. In a NY Times op. ed, Dr. George Lowenstein raised questions about some uses of behavioral economics by government policymakers: As policymakers use it to devise programs, it’s becoming clear that behavioral economics is being asked to solve problems it …

Continue reading “Using Disclosure as a Smokescreen: How Behavioral Economics Can Deflect Regulation”

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: July 2010

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.