Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]
Bottom-up appraches aren’t just fallbacks when top-down fails. They have their own strengths.
There are some obvious advantages to top-down climate police, whereby a uniform global climate policy is adopted at the global level and then seamlessly implemented by nations, or whereby a similar process takes place at the national level. Of course, this top-down model requires first global agreement on a uniform policy and then effective […]
The Surprising Environmental Record of Detroit’s Biggest Congressional Defender
There’s an old story about Rep. John Dingell, the long-running chair of the powerful Energy and Commerce Committee, who died yesterday at the age of 92, and served in the House longer than anyone in American history. Outside the office of the Committee, there is a huge picture of the Earth, taken from the Apollo […]
Get on Board or Get out of the Way: A Millennial Response to the GND
In 2016, millennials (those of us born between 1981 and 1996) surpassed Baby Boomers as the largest share of the US population. Yet you’d never know it by our relative shares of Congressional representation. Even after the great Millennial Wave of the 2018 midterm elections, millennials still only make up 6% of the House of […]
What are the pros and cons of yesterday’s proposal for a Green New Deal?
The Green New Deal proposal introduced by Representative Alexandria Ocasio-Cortez and Senator Ed Markey is a call for drastic action to address climate change. Specifically, section 1(A) says that “it is the duty of the Federal Government to create a Green New Deal . . . to achieve net-zero greenhouse gas emissions through a fair […]
New UCLA Law Review Article Attempts To Connect It To Community Legal Empowerment
I have a new piece out in the UCLA Law Review Discourse. Here’s the abstract: This Article considers Gitanjali Nain Gill’s recent book Environmental Justice in India, the first comprehensive look at India’s National Green Tribunal. India’s environmental crisis—major international surveys highlight its severe environmental degradation—is of interest to the global public, for no progress on […]
Climate change may devastate future generations. Is there a way to get their interests before the courts?
Climate change is not just a long-range problem; it’s one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can’t go to court: they haven’t been born yet. How can […]
An Important Philosophical Argument
It’s a fair point:
But could we make it easier?
My colleague Jonathan Zasloff rightly points out that one way to harness the benefits of upzoning to alleviate our housing crisis is to promote inclusionary requirements for transit-oriented development. Los Angeles has adopted just such a program through its Transit-Oriented Communities ordinance, which I’ve written about here. Per the City of Los Angeles’ initial assessment, […]
New Research Indicates That Inclusionary Zoning Should Accompany Liberalization
Well, that’s not what YIMBYs wanted. Yonah Freemark of MIT in the Urban Affairs Review: What are the local-level impacts of zoning change? I study recent Chicago upzonings that increased allowed densities and reduced parking requirements in a manner exogenous of development plans and neighborhood characteristics. To evaluate outcomes, I use difference-in-differences tests on property […]