Month: November 2018

Good News From India

While we’ve been obsessing about Trump, India has made great strides in renewable energy.

We get so focused on the problems in our own country that it’s easy to lose track of what’s happening globally. It turns out that while we’ve been mired in our own travails, India has been making remarkableprogress on renewable energy. What happens in India has tremendous significance. It is now the most populous country …

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Supreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now

Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary

The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …

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Don’t Believe Everything That You Read

CNN solar geoengineering tweet

Solar geoengineering is often inaccurately portrayed in the media

If you had followed the climate change news over the weekend, you might have been shocked to see headlines such as “Scientists Prescribe a Healthy Dose of Sulphate Particles to Promote Global Cooling on the Cheap.” CNN tweeted that “Harvard and Yale scientists are proposing that we tackle climate change by dimming the sun.” And …

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Guess What? It’s THAT Time of Year.

Yes, it’s fundraising season. And yes, we’re asking you to help out.

Yes, it’s fundraising season. And yes, we’re asking for your help on this Giving Tuesday — not for our own sakes, but because we think the work we’re trying to do on climate change and other issues is important. Like everyone else, I’m sure you find fundraising appeals annoying.  That’s why we hardly ever do …

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Does the New National Climate Assessment Hurt the Trump Administration in Court?

The Report Could Affect a Number of Cases

The newly released Fourth National Climate Assessment is a bombshell.  It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public  impact by dropping it on Black …

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The Rise of Benefit-Blind Analysis 

The Trump Administration cares about regulatory costs. Regulatory benefits? Not so much.

Since Ronald Reagan’s time, there has been a consensus among conservatives that cost-benefit analysis (CBA) should be the gold standard for regulation.  That approach has given them common ground with moderates such as Cass Sunstein, many economists (whether liberal or conservative), and at least a few   scholars more environmentally inclined.  Cost-benefit analysis has had its …

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Then and Now

How has environmental law changed in the last 38 years? A lot … and not that much.

I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980.  I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he …

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Netherlands Government Appeals Historic Climate Change Ruling

Supreme Court building of the Netherlands

The Dutch Supreme Court will decide whether the government is obligated to cut emissions more

Last month, an appeals court in the the Netherlands upheld a lower court’s ruling that the Dutch government is legally obligated to reduce greenhouse gas emissions more aggressively. This drew much international attention, as well as praise from environmental advocacy organizations. As expected, the government has announced that it will appeal this decision in the Urgenda …

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A Catalogue of Game Changers

We’re making progress on addressing climate change, and I’m hopeful that we’ll continue doing so. Yet it’s not clear whether the path we’re currently on will make progress fast enough to avoid very serious risks.  So what would it take for us to make a quantum leap in this effort?  I wouldn’t hazard a prediction …

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From the Wildfire Files

Wildfires are getting worse and worse. Here’s what we know about the situation.

I don’t normally do this, but given the terrible wildfires now hitting the state, I thought it was worth doing a reprise of some posts on the subject from earlier this summer. Of course, there’s more information in the original posts, if you want to click over to them. Spreading Like Wildfire In 2017, wildfires …

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