February 2009 - Legal Planet

Month: February 2009

It’s the Economy

The Western Business Roundtable doesn’t care for Cap and Trade (the politician’s tool of choice for reducing carbon emissions). In fact, it is hard to believe that the organization gives much weight to the climate challenge at all. The Roundtable, the website of which does not list its members, but describes them as including representatives …

Continue reading “It’s the Economy”

Awaiting bad news on international fisheries

Early this month, I posted about WWF’s report on the dismal state of compliance with the FAO’s voluntary Code of Conduct for Responsible Fisheries. Now Rebecca Bratspies notes on IntLawGrrls that FAO is scheduled to release its biennial report on the state of the world’s fisheries on March 2, and that “[t]he news is not …

Continue reading “Awaiting bad news on international fisheries”

More (and better) climate adaptation research needed

The National Research Council has just issued a new study on the U.S. Climate Change Science Program. The key conclusion: the current program does not effectively support societal response to climate change, in part because it is too focused on natural science to the exclusion of work on the human dimensions of climate change. The …

Continue reading “More (and better) climate adaptation research needed”

Delta news roundup

It’s been a busy and discouraging ten days for those interested in the Sacramento-San Joaquin Delta as either an ecosystem or a water source. The San Francisco Chronicle reported that the return of fall chinook salmon to the Sacramento River hit a record low last year. The Pacific Fishery Management Council released a gloomy preseason …

Continue reading “Delta news roundup”

The importance of outside advisors and career staff

Dan posted recently about the decision remanding EPA’s latest revision of the particulate NAAQS, American Farm Bureau v. EPA. One thing that struck me reading the decision is the powerful role played not only by outside advisory groups but also by career agency staff. Even if they are overridden by the political decisionmakers, the views …

Continue reading “The importance of outside advisors and career staff”

Two Cheers for Clean Coal

I think it’s terrific that the Coen Brothers are making funny, effective ads against relying on “clean coal” as part of the US energy program. But I worry that the clean energy community is really missing the boat here. Clean coal research and development is absolutely crucial in fighting climate change not for us, but …

Continue reading “Two Cheers for Clean Coal”

Obama’s Progressive Tax and Energy Policy

Though the budget released yesterday by the Obama Administration was short on details, it was long on big pronouncements that fundamentally shift federal policy in important areas. On the climate change front, the budget for the first time reveals the administration’s thinking on how it would distribute money raised from allowances issued under a proposed …

Continue reading “Obama’s Progressive Tax and Energy Policy”

Jon Cannon To Be EPA Deputy Administrator

President Obama has nominated Jon Cannon, Professor of Law at University of Virginia, to be the EPA’s new Deputy Administrator, subject to Senate confirmation. Cannon has extensive experience in the federal government, including three years as the EPA’s General Counsel from 1995-98. In my view he’s a great appointment. His background gives him enormous experience, …

Continue reading “Jon Cannon To Be EPA Deputy Administrator”

Why futures markets won’t save species

Conflict, or perceived conflict, between profits and conservation drives much of the controversy over implementation of the Endangered Species Act. Landowners and resource users resist species listing and protection because it comes at their expense. For years we’ve been talking about whether and to what extent to incorporate compensation or other economic incentives for conservation …

Continue reading “Why futures markets won’t save species”

Court ruling will force EPA to take action it was required to take in 1983 (!)

It is not unusual for the federal government to neglect its statutory duties under federal environmental laws; when it does, citizen suits are the primary means of ensuring that the government follows the law. Sometimes federal agencies’ inaction results from lack of resources, and sometimes it results from intentionally interpreting its duties in a minimalist manner. In some …

Continue reading “Court ruling will force EPA to take action it was required to take in 1983 (!)”

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.

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.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

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.

Month: February 2009

TRENDING

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.

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.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

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.