May 2009 - Page 2 of 9 - Legal Planet

Month: May 2009

The Environmental Argument Against Sotomayor–Sort of

As Dan points out, environmental issues do not figure to be large in the Sotomayor nomination, but there is one case where those interested in the environment (on either side) have a pretty large bone to pick with Judge Sotomayor: Connecticut v. American Electric Power, a major climate change case. In this litigation, several attorneys general …

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It’s Sotomayor!

President Obama announced his decision to nominate Sonia Sotomayor for the Souter seat today. Environmental issues are unlikely to loom large in the confirmation battle. So far as we know at this point, her most notable decision was in the Entergy case, which involved the question of whether power plants need to use closed cycle …

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Should State Cap and Trade Programs Be Preempted?

My general sense is that most environmentalists disfavor federal preemption of state climate change policy making. States have led the way on progressive climate policy during the eight years of federal inaction under Bush, enacting renewable portfolio standards (29 states), greenhouse gas emissions caps (covering more than half the states), utility performance standards (four states), …

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Tar Sands, Obama, California, and the Economy in Calgary

Spending just a few days in Calgary, Alberta, one thing becomes perfectly clear: oil is Calgary, and Calgary is all about oil. And increasingly, the story of oil all across Alberta has become the story of tar sands. Many around the world have viewed with horror, or at least dismay, Canada’s increased reliance on producing …

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War and the Environment

Memorial Day is an apt date to think about how wars, along with their other tragic costs, impact the environment. As Peace Pledge reminds us: Images of devastated battlefields are all too familiar. A German officer in 1918 described ‘dumb, black stumps of shattered trees which still stick up where there used to be villages. …

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Happy Birthday, Rachel Carson!

Rachel Carson was born on May 25, 1907, just over a century ago. She once expressed her philosophy as follows: “We still talk in terms of conquest. We still haven’t become mature enough to think of ourselves as only a tiny part of a vast and incredible universe. Man’s attitude toward nature is today critically …

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The Latest Issue of ELQ

As usual, an intriguing collection of articles, all available free on-line: The Silver Anniversary of the United States’ Exclusive Economic Zone: Twenty-Five Years of Ocean Use and Abuse, and the Possibility of a Blue Water Public Trust Doctrine Mary Turnipseed, Stephen E. Roady, Raphael Sagarin, & Larry B. Crowder Read Article (PDF) Reducing Greenhouse Gas …

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Another Env Law Prof Goes to Washington

President Obama announced his intention to nominate Chris Schroeder to head the Office of Legal Policy at DOJ. As the announcement indicates, Schroeder is an eminent authority on environmental law: Christopher H. Schroeder is Charles S. Murphy Professor of Law and Professor of Public Policy Studies, and director of the Program in Public Law at …

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Debating Environmental Issues

The Center for Law, Energy and the Environment (CLEE) sponsored a series of debates and colloquies at Berkeley in the Spring semester, all of which are now available on video: Unleashing the Clean Energy Economy Michael Shellenberger vs. Peter Barnes – February 18, 2009 Environmental Program Town Hall February 19, 2009 Climate Change & the …

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Climate bill is out of committee (thanks in part to speed reader?)

Yesterday evening, by a 33-25 vote, the House Energy and Commerce Committee passed the Waxman-Markey climate and energy bill (full text here – all 946 pages of it). This quick analysis by Kate Sheppard at Grist.org is useful. This New York Times article discusses the opposition to the bill from the agricultural sector, and the likely difficulties that …

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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: May 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.