January 2018 - Legal Planet

Month: January 2018

Renewable New England

The New England states include Massachusetts, Connecticut, Rhode Island, New Hampshire, Vermont, and Maine, with a total population of 8 million. These states are all small in acreage but have larger populations than many western states – for instance, tiny Rhode Island has a larger population than the Dakotas, Wyoming, Montana, or Alaska. In terms …

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Wildfires and the Cost of Electric Service

It turns out, electric transmission is not as cheap as we thought it was.

Economists detest externalities – those nasty hidden costs that businesses don’t face when they sell polluting or dangerous products and services, but that are instead imposed on the public or the environment. And economists are right to be concerned. A polluter that does not pay the cost for its pollution is likely to keep polluting. …

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Guest Blogger Ken Alex: Oil and Transportation in California

Post #4 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the fourth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] In 2015, Jerry Brown challenged the State to reduce oil usage in the transportation sector by 50% by 2030. …

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Sierra Club Opposes One Of The Most Important Climate Bills In California

Environmental group whiffs on proposed legislation to allow badly needed residential development near transit

Housing more Californians near transit and not in sprawl areas represents one of the most crucial ways to reduce greenhouse gas emissions. Senate Bill 827 (Wiener) would help do just that, by preventing local governments from zoning people (and homes) out of these prime transit areas. So it was surprising to see an environmental organization …

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Interior doubles down on contempt for government integrity

Newly appointed acting National Park Service chief improperly allowed removal of trees from NPS easement

We know that Secretary of the Interior Ryan Zinke has little regard for government rules — the Navy SEAL career he is so fond of touting was derailed because he misused government funds for personal travel; he has continued to flout travel regulations and restrictions on political activity by government employees in his present job; …

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The Story Behind a Political Breakthrough

Congress passed a 2017 law recognizing climate change as a serious threat. How did THAT happen?

Last month, Congress passed and Trump signed a provision in the Defense Authorization Act that designates climate change a serious threat to national security. That was a historic first. I blogged about the bill last month, but it seemed worthwhile to investigate this surprising development further. Although there’s no direct evidence, there are strong indications …

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When is unoccupied habitat “critical”?

The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog

Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law’s development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 …

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Guest Blogger Ken Alex: California’s Building Energy Efficiency Mandate

Post #3 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the third post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Energy usage associated with buildings is substantial. There are different ways to calculate it, but the California …

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Georgia: A Peach of an Energy Policy

Georgia’s energy policy is much better than you’d expect from its Southern location and politics.

Georgia is a bit of a surprise. It is a leader in solar energy in a region that generally has not been very friendly to renewables. It currently ranks 9th nationally in total solar installations (and even more surprisingly, ranked 3rd in 2016 in newly added solar). What’s also surprising is that Georgia has done this …

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Trump Administration Imposes Tariffs On Solar PV Imports

The expected blow for solar companies, consumers, and clean energy & climate advocates will likely bring a U.S. solar slowdown and prompt industry changes

Following up on a campaign promise to crack down on free trade policies, the Trump Administration today announced that they will be imposing tariffs on foreign solar photovoltaic (PV) panels. The tariffs will start at 30 percent in the first year and then decline to 25 percent in year 2, 20 percent in year 3, …

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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.

Month: January 2018

It turns out, electric transmission is not as cheap as we thought it was.

Post #4 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

Environmental group whiffs on proposed legislation to allow badly needed residential development near transit

Newly appointed acting National Park Service chief improperly allowed removal of trees from NPS easement

Congress passed a 2017 law recognizing climate change as a serious threat. How did THAT happen?

The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog

Post #3 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

Georgia’s energy policy is much better than you’d expect from its Southern location and politics.

The expected blow for solar companies, consumers, and clean energy & climate advocates will likely bring a U.S. solar slowdown and prompt industry changes

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.