This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for […]
How did "Collective Action" turn into "No Action"?
In discussions of how to cut global greenhouse-gas emissions, one of the first things you usually hear (often the very first) is that cutting emissions is a global collective-action problem. To wit: it’s crazy for California (or the United States) to cut unilaterally, because it only works if everyone does it. Or more sharply, we […]
What Does That Name Mean Now?
Stunning. But not shocking. That was my reaction to the massive fraud admitted by Volkswagen recently. Stunning in its sheer size and reach; half a million cars in the United States and another ten and a half million globally. Yet not very surprising given the fact that use of mechanical and digital cheat devices has […]
Influential Attacks on California's Environmental Impact Law Aren't Supported By the Data
Every August, as the California legislative session comes to a head, lobbyists attempt to gain support for dramatically scaling back California’s landmark environmental law, CEQA (the California Environmental Quality Act). This year was no exception. Last month, the law firm Holland and Knight, which has been a leading force on this issue, issued a new […]
What he said and didn’t say
Pope Francis arrived in Washington, D.C. on Tuesday to begin a much anticipated trip to the United States. While here, the pope will visit DC, New York City, and Philadelphia. Pope Francis, a former chemist, has gained much attention for his calls for action on climate change, in addition to his focus on inequality and […]
In the peer review process, articles submitted to scientific journals are sent to experts in the field who then assess the methodology, results and conclusions. Based on their feedback, authors often revise and re-submit, publishing an improved article as a result. Peer reviewers rarely attempt the actual experiments described in the paper. Irreproducible results are […]
This Year's Yosemite Conference Promises to Continue a Tradition of Excellence
Registration is now open for the 2015 edition of the State Bar of California’s Environmental Law Conference at Yosemite. That conference, held each fall, is unquestionably the premier environmental law-related event in California. I would go so far as to argue that it’s actually the top such program in the entire United States. The Yosemite Conference […]
Will This Litigation Be More Successful Than Earlier, Related "Atmospheric Trust" Lawsuits?
Late last week, attorneys representing children from around the nation filed a provocative new lawsuit in federal court, arguing that the Obama Administration is violating the children’s constitutional rights by not taking far more dramatic steps to curb greenhouse gas emissions and address climate change concerns. The newly-filed complaint in the lawsuit, Juliana ex rel. […]
AGs Sue For Tactical and Political Reasons Even Though Their Legal Case is a Loser
Attorneys General from 15 states, led by West Virginia, filed a petition in federal court yesterday to block the Clean Power Plan (CPP) from going into effect. The filing seems to be more tactical and political than a serious legal claim: the Environmental Protection Agency has yet to publish the rule in the Federal Register […]
U.C. Irvine, U.C. Davis Rank 1 & 2 as Nation's Greenest University Campuses
The Sierra Club has released its latest rankings of the “greenest” colleges and universities in the United States, titled “Cool Schools 2015.” The University of California fares extremely well in that survey, with four of its campuses placing in the top 10 of the Sierra Club poll. U.C. Irvine nabbed the top spot in the […]