December 2015 - Legal Planet

Month: December 2015

Key Environmental Developments Ahead in 2016

Here are seven of the most important developments affecting the environment.

2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …

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A Minor Christmas Miracle from Congress

Somehow, Congress managed to pass a pro-environmental law. Amazing!

Just before Christmas, the NY Times reported that Congress passed the Microbead Free Waters Act of 2015. The law bans nearly invisible small beads that have been added as abrasives to products like toothpaste. The trouble is that the beads get into waterways, where pollutants like PCBs adhere to their surfaces. Even more amazingly, the bill …

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That Takes the Prize!

National Science & Technology Medals for Renewable Energy Research

The White House announced the names of the scientists and engineers who will be receiving National Medals next year. I was very pleased to see that one of the winners of the National Medal of Science is Paul Alivisatos from Berkeley. Dr. Alivisatos is a chemistry professor who is also Director of the Lawrence Berkeley National Laboratory …

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Student Guest Blogger Terra Laughton: Perspectives on COP21

Terra Laughton, UCLA School of Law JD class of 2017, shares her perspective on attending the Paris climate negotiations

I am a second-year student at UCLA School of Law. I recently returned from two weeks in Paris attending COP21. My classmates and I had already boarded our plane at Charles De Gaulle when the Paris Agreement was officially adopted—we learned of the news upon landing in Los Angeles. While it would have been exhilarating …

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NIMBYs Gone Even Wilder!!!

Newport Beach Wants to Honor Veterans and Seniors by Excluding Them

Christmastime is here, and what better way to foster goodwill towards all than by trying to exclude affordable housing from your community. And not just any affordable housing: affordable housing for seniors and veterans: A plan for a 12-unit affordable housing project for veterans and seniors in the Newport Shores neighborhood was blasted by residents who complained …

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Student Guest Blogger Sarah Kozal: India, Technological Innovation, & the Energy Sector

Sarah Kozal, UCLA School of Law JD class of 2016, shares her perspective on attending the Paris climate negotiations

For students, much of the excitement of attending the COP as part of a country’s delegation comes from the opportunity to sit in multi-party negotiations. But when nearly the entire second week in Paris turned into bilateral negotiations, a break from the crazy schedule of article-focused meetings gave us a chance to explore the multitude …

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Newsflash: Senate Passes TSCA Reform

A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years

In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …

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How do we move past the yuck factor in potable water reuse?

This post draws on two recently published articles (here and here) by an international group of collaborators: Christian Binz, Sasha Harris-Lovett, Bernhard Truffer, David Sedlak, and myself, courtesy of the ReNUWIt program. Potable water reuse is increasingly seen as a potential way to help ease urban water supply challenges. Potable reuse is as it sounds …

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California Supreme Court Hands Air District, Environmentalists Qualified Win

Justices’ Unanimous Opinion Addresses Key “Scope of CEQA” Issue

In a closely-watched case, the California Supreme Court today issued a unanimous decision on the scope of the California Environmental Quality Act (CEQA), California’s most important and heavily-litigated environmental statute. That decision is unlikely to fully satisfy either side in the litigation, though over the long-term it would seem to favor local regulators and their …

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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.