Month: January 2018

Guest Blogger Ken Alex: California’s Renewable Portfolio Standard

Post #2 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the second 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.] SB 350 (2015) requires that California’s investor and municipal owned utilities provide 50% of their customer’s electricity …

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Guest Blogger Ken Alex: California’s Vision on Climate Change

Post #1 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

California accounts for about one percent of the world’s greenhouse gas emissions. As the Brown Administration enters its final year, I want to set out my view of why California’s actions on climate change are so important and how they will change the world.  I thank the faculty at Berkeley Law’s Center for Law, Energy, …

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Supreme Court Update: PEPTO and Rinehart

Supreme Court denies review in two important environmental law cases

Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered …

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One Year and Counting

He’s played his cards. Next year, we’ll see how well the other side plays theirs.

In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report …

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Cities are suing oil companies for climate change harms. Could they win?

Join UCLA Law Emmett Institute and Union of Concerned Scientists for January 25 evening talk on new climate lawsuits

Who should pay for the significant costs that cities and other local governments incur in responding to climate change? Los Angeles is the most recent city to explore the idea of suing fossil fuel companies for these harms, following in the footsteps of San Francisco, San Mateo County and a growing cohort of other jurisdictions …

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Renewable Energy on the Lower Mississippi

From Missouri to Louisiana to Alabama, fundamental similarities but individual differences.

The states in the lower Mississippi basin have a lot in common. From Missouri down to Louisiana and Alabama, they all voted for Trump. These states – Mississippi, Alabama, Arkansas, Missouri, and Tennessee – were all part of the Confederacy. (I’m stretching geography a bit by including Alabama, since only the top of the state …

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The Anthropocene and public law

Major doctrinal changes could occur in constitutional law, administrative law, criminal law

In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a …

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Public Lands Watch: Izembek National Wildlife Refuge

Interior Department proposes to authorize road through wildlife refuge in Alaska

Tom Schumann authored this blog post. News outlets report that the Interior Department, reversing a decision made under President Obama, has agreed to a land exchange with an Alaska Native village that would allow construction of a road across a national wildlife refuge that provides important habitat for migratory birds, bears, caribou, and other species. …

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The Anthropocene and private law

Areas such as torts and property will face significant challenges

I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior.  In this post, I want to spin out some of the implications of …

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The Anthropocene and the legal system

Responding to the Anthropocene will produce pressure for substantial changes in our legal system

In my prior two posts, I discussed how humans are increasingly impairing natural systems on a global scale, and how those impairments of natural systems will have major negative impacts on human societies. How will these changes affect the legal system? The first important point in answering that question is that many of the changes …

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