Month: November 2013

COPs: The Erratic Evolution of Global Climate Policy

The latest Conference of the Parties (COP) in Warsaw didn’t make headlines — more like footnotes.  Two things have become clear.  First, the formal UN negotiations are only part of the transnational development of climate policy.  And second, the UN negotiations are moving slowly and fitfully, but they are making progress.  Neither of these things …

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Jeudi Gras – The Great American Holiday

Jeudi Gras means”Fat Thursday” in English.  It would probably be a better name for the holiday than the current one.  Let’s face it: for most of us, the day involves a bit of giving thanks and a much larger amount of pigging out like there’s no tomorrow.  As the NY Times points out, this wouldn’t be …

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California High Speed Rail Slowed by Court Decisions

Judge rules the train needs a new business plan and project-level environmental review

California Superior Court Judge Michael Kenny dealt two setbacks to high speed rail yesterday that are likely to delay the project significantly.  First, Judge Kenny ruled that the state committee that approved the disbursement of bond money for the project acted without sufficient evidence to justify the disbursal.  California law empowers the High-Speed Passenger Train …

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The Significance of EPA’s Proposed Power Plant Standards

Although they won’t have immediate impacts, EPA’s proposed rules for new coal plants will indirectly help shape the future of the industry.

There’s an uproar over EPA’s proposed rules for CO2 emissions from new coal plants, even though no one expects anyone to build a new coal plant for at least a decade.  I’ve argued (here and here) that the industry won’t have standing to challenge the rules because they won’t have any imminent impact.  In fact, …

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Passing Gas

A better accounting of GHGs can improve the climate discourse

The tendency to divide global GHG emissions by country is a product of the well-mixed dispersal of most of warming gases, and the international politics that attach to cross-border pollution.  A country’s emission numbers imply accountability and culpability, and frame the discourse on how to respond.  Going forward on policymaking, it’s worth looking at how …

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The Filibuster and the Environment

In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

The filibuster arguably served a useful function when it allowed the minority to block action in extraordinary cases where its views were especially intense.  It became no longer tolerable when it became a routine barrier to Senate action. Last week, the Senate abolished filibusters for nominations (except the Supreme Court). What does this mean for environmental …

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UC Berkeley / UCLA Law Report on California Renewable Energy Policies Beyond 2020

Joint law school report will be discussed at a lunchtime forum today at UCLA Law

California is among the world’s leaders in deploying renewable energy, with the state on pace to meet its target of achieving 33% of its energy from renewable sources like the sun and the wind by 2020. But the success may ironically be contributing to a stalled in-state market for more renewable power. Given the amount …

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State Releases New Fracking Regulations Amid SB 4 Criticism, Controversy

DOGGR also wades into CEQA while environmental community questions wisdom and effects of new State law

California’s Division of Oil, Gas & Geothermal Resources (DOGGR) has released its proposed regulations governing hydraulic fracturing pursuant to Senate Bill 4, controversial legislation signed into law this September. DOGGR’s November 15 public notice begins its formal rulemaking process and marks the start of a 60-day public comment period for the new rules. DOGGR also …

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Rethinking “Adaptation”

I’ve spent a lot of time and energy talking about the need to adapt to climate change, but I’ve also become increasingly uneasy about “adaptation” as a way to think about the situation.  One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, …

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California cap and trade survives industry tax challenge

Auctions can proceed in one of the state’s signature climate change programs

ARB’s winning streak in climate cases continues.  A California superior court has rejected a prominent set of industry challenges to the state’s cap-and-trade program, upholding a significant element of California’s suite of programs to comply with AB 32 and to reduce the state’s greenhouse gas emissions back to 1990 levels by 2020. (Opinion here.)  The cases were filed by the …

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