May 2018 - Legal Planet

Month: May 2018

CARB Seeks to Maintain Stringency of California’s Vehicle Standards

Emmett Institute submits public comment in support of CARB’s efforts

Back in the halcyon days of 2012 when EPA, NHTSA, California, and the automakers crafted a grand bargain to adopt national vehicle emission standards, California agreed that compliance with vehicle emission standards adopted at the federal level would be “deemed to comply” with California’s standards. Now, as it becomes clear that the federal government intends …

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What Trump Gives Appalachia With One Hand, He Takes Away with the Other

Ryan Zinke’s public land policies are accelerating the decline of eastern coal.

There is no one who Trump loves more than coal miners, and he has surrounded himself with Appalachian coal miners on important occasions. One of his most fervent pledges was to “end the war on coal.” Yet, Trump’s public lands policies are helping to accelerate the decline of eastern coal. A recent study by researchers …

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Flood Safety, Infrastructure, and the Feds

Standards for levees, seawalls, and other infrastructure urgently need attention.

The federal government is responsible for responding to major floods and runs the federal flood insurance program. It also has millions of dollars of its own infrastructure at risk from floods. Yet the government is failing to deal effectively with flood risks before the fact. Let’s begin with the levees that are the main defense …

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Attempting to Close the Floodgates of Litigation

Can Congress prevent state and federal courts from hearing WaterFix lawsuits?

The journey of California’s proposed delta tunnels project (also known as California WaterFix) has been anything but straightforward and already faces a slew of ongoing legal challenges.[i] Last week, Congress added a different kind of twist when the proposed Department of Interior budget for FY 2019 was introduced in the House Appropriations Committee. The relevant …

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CRISPR Approaches to Environmental Problems

Breakthroughs in gene editing might open the door to improved environmental protections. Or maybe not.

CRISPR is a breakthrough gene editing method. (I can’t refrain from noting that a key role in the discovery was played Jennifer Doudna at Berkeley.) There are potential risks from gene editing to the environment, similar to other types of GMOs. But there may be environmental benefits too. Here are a few that have been …

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Maladaptation

It’s not just that we’re slow in achieving resilience. It’s that often we’re moving in the opposite direction.

Some economic models of climate change come out with low damages because they assume smooth and effective adaptation efforts. That never made much sense. There’s a lot of inertia in social systems, and planning major projects can take a long time. Some of what we’re seeing lately is worse than that, however. We’re seeing cases …

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Plastics and our Future

How to turn off the plastics spout?

Kudos to National Geographic for its stunner of an issue on plastics and the environmental harms they cause. As this latest report and many other recent stories make clear, we are drowning in plastics. Bits of plastic have been found in beer, in major brands of bottled water, in 75% of deep sea fish, in …

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California’s New Rooftop Solar Mandate

The California Energy Commission’s new mandate receives mixed reviews.

The recent decision of the California Energy Commission to require the inclusion of rooftop solar photovoltaics on most new homes has engendered praise from some quarters, and criticism from others. Some see this new policy as a positive force, helping to reduce the cost of solar and contribute to a reduction in greenhouse gas emissions. …

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Guest Blogger Cliff Villa: Es FEMA El Problema? Hurricane Maria and the Slow Road to Recovery in Puerto Rico

Strolling west on Calle Loiza from the Ocean Park neighborhood of San Juan, Puerto Rico, you could miss the devastation wrought by Hurricane Maria last September. Here in early May 2018, runners and walkers lap the track at Parque Barbosa while middle-aged men try to keep pace with younger guys on the sheltered basketball court. …

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Let a Hundred (Municipal) Flowers Bloom

Despite Trump, cities across the country are taking climate change seriously.

In the era of Trump, one bright spot remains what’s happening in cities across the nation. Here are some numbers: 402 U.S. mayors have endorsed the Paris Agreement and announced their intention of meeting its goals, while 118 have endorsed the goal of making their cities 100% renewable. A bit of quick research provides a …

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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 2018

Emmett Institute submits public comment in support of CARB’s efforts

Ryan Zinke’s public land policies are accelerating the decline of eastern coal.

Standards for levees, seawalls, and other infrastructure urgently need attention.

Can Congress prevent state and federal courts from hearing WaterFix lawsuits?

Breakthroughs in gene editing might open the door to improved environmental protections. Or maybe not.

It’s not just that we’re slow in achieving resilience. It’s that often we’re moving in the opposite direction.

How to turn off the plastics spout?

The California Energy Commission’s new mandate receives mixed reviews.

Despite Trump, cities across the country are taking climate change seriously.

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.