January 2009 - Page 3 of 4

Month: January 2009

New federal appointees’ sharp differences will make EPA/OMB relationship one to watch

As Dan notes in an earlier post, Cass Sunstein has been selected to direct the White House office that oversees regulation by agencies, the Office of Information and Regulatory Affairs within the Office of Management and budget. An in-depth article in today’s Los Angeles Times discusses the controversy over his nomination among environmental and labor advocates. From the Times: …

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Lisa Heinzerling to EPA

EPA Administrator Lisa Jackson has appointed Georgetown law professor Lisa Heinzerling to be her chief advisor on climate change. Heinzerling was editor-in-chief of the University of Chicago Law Review and clerked for Judge Richard Posner. She co- authored Priceless, a critique of cost benefit analysis, and also wrote the lead brief for the plaintiffs in …

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Good News for California

According to the Washingston Post: Obama will instruct the Environmental Protection Agency to reconsider whether to grant California a waiver to regulate automobile tailpipe emissions linked to global warming, sources said, and he will order the Transportation Department to issue guidelines that will ensure that the nation’s auto fleet reaches an average fuel efficiency of …

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New research points to the need to build resilience to climate change’s impacts

Except when he does not!

While many among us are working to reduce greenhouse gas emissions, the climate is already changing and will continue to change for a long while even if we do everything we can to reduce emissions. As a result, we will need to adapt to our new reality, by building the resilience to deal with changing …

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Sunstein and the Environment

To the dismay of many environmentalists, President Obama has selected Professor Cass Sunstein to head a key department at OMB. This department has been in charge of applying cost-benefit analysis to environmental regulations. For example, the Center for Progressive Regulation (CPR) has issued a report expressing great concern about the selection. According to CPR: …

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Conservation in a warming world

The latest issue of the journal Science includes another reminder that our current approach to conservation is ill-suited to a world where the climate is changing rapidly. A study led by Phillip van Mentgem of the U.S. Geological Survey (323 Science 521 (Jan. 23, 2009), subscription required) finds that trees are dying more rapidly in …

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Secretary Clinton makes her first environmental law mistake

As Cymie notes, Secretary of State Clinton seems committed to working for a new climate agreement. And that’s a good thing (although as I have argued elsewhere, it’s really USTR that should take the lead on climate change negotiation.). But Clinton should stop digging a hole for herself. She said that the Committee will be …

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Does Anybody Know Who the Commerce Secretary Is?

Does anybody really care? Really. Its budget of between 6 and 7 billion dollars is by far the smallest of any Cabinet Department. That kind of money would be a rounding error for the Pentagon or HHS; hell, the Pentagon lost that much money in transit between Washington and Baghdad. And what really does it …

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Obama and Climate Change

The Obama Administration will face hard regulatory choices on climate change almost immediately.

Undoing the new ESA consultation regulations?

Nick Rahall (D – W.Va.), joined by 12 co-sponsors, has introduced a joint resolution under the Congressional Review Act to overturn the Bush administration’s midnight regulations on ESA section 7 consultation. Some of the many problems with the new regulations have been explained in comments submitted by Berkeley Law profs Eric Biber (coordinating the work …

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Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

How the ICC is Using International Criminal Law to Prosecute Suspects of Eco Crimes

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

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.

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”

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

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.

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.

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.

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.

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.

Month: January 2009

Except when he does not!

TRENDING

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

The barriers are still huge — but we can also envision a path to success.

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

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.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

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.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“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.