Adaptation Archives - Legal Planet

Adaptation

Guest Blogger Ken Alex: Resilience and Adaptation

Post #7 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the seventh 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.] Climate change has arrived. Our fire season never ends; we no longer know if we will have a rainy …

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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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Hot Off the Presses: An Intro to Climate Change Law and Policy

The Paris Agreement. The Clean Power Plan. Geo-Engineering. Trump. And there’s more!

I’m really excited to announce the publication of Climate Change Law: Concepts & Insights (Foundation Press 2017), by Cinnamon Carlarne and me. There are lots of great scholarly tomes on the subject — either monographs or collected volumes. But there really hasn’t been anything that provides a comprehensive introduction to climate law as a whole, …

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Breaking News: Coastal Commission Prevails in Major California Supreme Court Case

Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition

The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights. Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited …

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All Eyes on the Subnationals

After the election of Trump, state and local leaders have to step up

As my colleague Ethan Elkind pointed out in a blog post the other day, the most viable path forward in the fight to slow (cause we’re kind of past the ability to prevent) climate change after the election of Donald Trump as President on Tuesday will be at the sub-federal level. As Ethan pointed out, …

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Climate Change Adaptation Strategy: Can California Do More?

Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?

I often tell students in my Climate Change Law and Policy course that adaptation–that is, how we can best adapt to the unavoidable impacts of climate change–is the poor stepchild of the debate over greenhouse gas emissions and climate change. By that I mean that climate change mitigation (i.e., how to reduce greenhouse gas emissions) generates far more …

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Adapting to Increased Hurricane Risk

The WSJ reports that people in the Northeast are waking up and taking the same preparation steps that people in the Southeast have taken for decades to prepare for hurricanes. Such defensive expenditures help to stimulate our sluggish economy (I’ve read my Keynes) and shield the populace from the next disaster shock. “Zevan Cohen, …

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What Does Climate Change Mean for Water Rights?

Dan Farber and I, along with Berkeley economist Michael Hanemann, have a new report out on climate change and water rights in California. The report—Legal Analysis of Barriers to Adaptation by California’s Water Sector—was prepared by Berkeley Law’s Center for Law, Energy & the Environment, and it can be downloaded here. The report was released …

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Legal Planet reviews the IPCC

Congratulations to our LP colleagues Sean Hecht and Dan Farber for having been designated as expert reviewers of the IPCC 5th assessment report, to be published in 2014. They will be reviewing the drafts issued by Working Group II, which assesses climate change impacts, adaptation, and vulnerability. The IPCC’s assessment reports, written every five to seven years, have not been without …

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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”

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.

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

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.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

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.

Adaptation

Post #7 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

Areas such as torts and property will face significant challenges

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

The Paris Agreement. The Clean Power Plan. Geo-Engineering. Trump. And there’s more!

Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition

After the election of Trump, state and local leaders have to step up

Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?

TRENDING

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”

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.

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

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 much. If at all.

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.