May 2016 - Legal Planet

Month: May 2016

Supreme Court Deals Obama Administration Blow in Clean Water Act Case

Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach

The Supreme Court today dealt another blow to the Obama administration in a Clean Water Act case. The Court’s unanimous opinion in United States Army Corps of Engineers v. Hawkes Co., No. 15-290, addressed the finality of an Army Corps “approved jurisdictional determination” (JD) on whether a particular parcel of property contains “waters of the …

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The Economic Impact of AB 32 on California

New study suggests that the economic impact of cutting carbon is modest.

What is the economic impact of California’s climate change regulations? Will they reduce actual emissions or just shift them out-of-state? A new study by Resources for the Future addresses an important part of the puzzle. Reasearchers at RFF modeled the effect of compliance costs of $10/ton or $22/ton of CO2 on highly energy-intensive industries such as …

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Trump, Sanders Voters and Climate Change

If you need even one reason to vote for Clinton, climate change ought to suffice

I don’t pretend to understand the allure of Donald Trump. I am an unabashed supporter of Hillary Clinton. I appreciate that many people I know and respect are Bernie Sanders supporters. I am hoping that, once Clinton officially becomes the Democratic candidate for President, Sanders supporters will work hard to elect Clinton as President, even …

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Reinventing Parks & Rec.

We need to protect city parks, not just rural wilderness.

“The few green havens that are public parks” is a phrase from the Supreme Court’s opinion in the Overton Park case. The case involved a plan to build a highway through the middle of a major park in Memphis. The Court put a heavy burden on the government to justify the project: “The few green havens …

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This April Was the Cruelest Month (Or at Least the Hottest)

Once again, a global temperature record is broken.

For the seventh month in a row, the average global temperature set a new monthly record going back at least 136 years. Rutherford Hayes was President back then, the first electric street light was turned on, and Gladstone beat Disraeli. We’ve had 24 Presidents since then. In other words, that was a long time ago. As you …

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California Fines SoCal Gas for Corroded Pipe Casings

The CPUC issued the fine after finding dozens of violations

The California Public Utilities Commission (CPUC) issued a citation for violations of a federal regulation on Southern California Gas Co. (SoCal Gas) totaling $2.25 million. The citation is based on forty-five violations of a federal regulation requiring that operators “take prompt remedial action to correct any deficiencies indicated by” external corrosion monitoring. According to the May …

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Is Protecting Public Health Now a Partisan Issue?

Congress’s failure to deal with the Zika threat is a symptom of a bigger problem.

Congress seems to be unable to come up with funding for an effort to combat the zika virus. Instead, congressional leaders told the government to use existing funding, so it has been forced to divert hundreds of millions of dollars from fighting ebola. (You remember that Congress was completely frenzied about the risk of ebola in …

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Energy Justice and Sustainability

Over two billion people lack access to modern energy sources.

Energy justice is an unfamiliar concept to most people, but it addresses a crucial problem. A new book by Lakshman Guruswamy addresses some of the key facts: About a third of the world’s population — between 2 and 2.5 billion people — primarily rely on household burning of wood, coal, or other materials like dung for …

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Finding Least-Conflict Lands For Solar PV In California’s San Joaquin Valley — And Beyond

New CLEE report identifies 470,000 acres of ideal land for solar PV, with 4pm webex briefing with state officials

To achieve California and the post-Paris world’s climate goals, we’re going to need a whole lot more renewable energy. Given current market trends, much of it will come from solar photovoltaic (PV), which has gotten incredibly cheap in the last few years. But deploying these solar panels at utility scale will mean major changes to …

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Appointing Guardians to Represent Future Generations

Could an old property procedure be a model for climate-related litigation?

From time to time, there is talk about giving standing to future generations. Although this is an idea whose time may not have come in the U.S., it’s important to know that the law has for many, many years allowed appointment of lawyers to represent future individuals. Typically, this is a procedure that is used in …

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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

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”

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

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.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

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.

Month: May 2016

Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach

New study suggests that the economic impact of cutting carbon is modest.

If you need even one reason to vote for Clinton, climate change ought to suffice

We need to protect city parks, not just rural wilderness.

Once again, a global temperature record is broken.

The CPUC issued the fine after finding dozens of violations

Congress’s failure to deal with the Zika threat is a symptom of a bigger problem.

Over two billion people lack access to modern energy sources.

New CLEE report identifies 470,000 acres of ideal land for solar PV, with 4pm webex briefing with state officials

Could an old property procedure be a model for climate-related litigation?

TRENDING

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

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”

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

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.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

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.