Month: November 2015

Promises to Keep

In the run-up to the Paris talks, the major economies have all pledged carbon reductions.

With Saudia Arabia’s pledge last week to cut emission, all of the world’s major economies are now on board.  In a nutshell, here is what they are promising. Except as noted, the target dates are all 2030.  A number of countries have subsidiary promises in terms of percentage of renewable energy or of bigger cuts premised …

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A gift from the Montreal Protocol parties to the Climate Convention

Montreal Protocol parties agree to negotiate amendment to limit HFCs

Last week, the parties of the Montreal Protocol took an important step to broaden their treaty’s chemical controls to contribute to limiting climate change. The chemicals at issue are the HFCs, or Hydrofluorocarbons. (Like the other halogenated chemicals relevant to ozone depletion, the acronym tells you the chemical composition of the class of chemicals. The …

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The Ninth Circuit Takes EPA to Task (Twice)

EPA’s pesticide registration efforts trigger forceful response

Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.”  Yikes.  What did the EPA do to elicit such a reaction from a federal judge? The short …

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What Is An Externality?

And Could the Leading Property Text Have Gotten It Wrong?

The idea of an externality is fundamental to environmental law and policy — and indeed, to just about any aspect of the common law (at least outside criminal law, and maybe even there). When I teach first-year Property law, I have to introduce the concept pretty early on in the course, as I imagine most …

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Attack of the Killer Blob

A weird patch of warm weather is killing sea lions and poisoning crabs.

There’s a weird area of warm water, which has come to be known as the Blob, sitting offshore of the West Coast.  That doesn’t sound too significant, except perhaps in terms of making things more pleasant for swimmers.  But actually, it’s causing a whole cascade of impacts on wildlife and humans. As the Chronicle explains: “The …

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Goodbye, Keystone, Goodbye

After seven years, the project is history.

The President announced this morning that he would not approve the Keystone pipeline project.  This wasn’t a huge surprise at this point of the game.  Still, it’s a good time to take stock of the dispute. The fight was largely — but not entirely — symbolic.  With falling oil prices, the alternative of rail transport …

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Don’t Blame Canada Anymore

Climate Policy Triumphs Over South Park in New Trudeau Government

We Americans tend to think of Canadians as nice, friendly, well-intentioned folk, a little more left-of-center than the US — sort of what Blue America would be if it didn’t have to deal with the south. For the last 10 years, though, that has been anything but true: the Conservative government of Stephen Harper brought …

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Muddling Through on Land Use Reform

Will Reform of Parking Regulations Ever See the Light of Day?

More than half a century ago, Charles Lindblom described the policy-making process as “The Science of Muddling Through.” California just demonstrated this with a new law, AB 744 (Chau), that holds important potential but in and of itself will not change the landscape. (Here is the most recent bill analysis). The law says that for …

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Recreational marijuana legalization in California

Will a proposed ballot initiative on recreational marijuana legalization in California help the environment

In the wake of the enactment by the legislature of a regulatory structure for medical marijuana, it looks like voters in 2016 will probably be able to decide whether to legalize recreational use as well. Leading advocates for legalization of recreational marijuana have submitted a language for a ballot initiative to the California Secretary of …

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Law Schools Doing Good

How Law Schools Serve the Public

Most people probably think of law schools, when they think of them at all, as places that train future lawyers.  That’s true, and it’s important, but law schools do a lot more.  Faculty scholarship makes a difference –law review articles laid the foundation for many of the ideas now guiding judges (both on the Right …

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