May 2009 - Page 3 of 9 - Legal Planet

Month: May 2009

A Good Week for Environmental Federalism

This has been a very good week for proponents of environmental federalism. On Tuesday, President Obama convened a Rose Garden ceremony to announce first-ever federal regulatory mandates specifically designed to address global warming. The federal government’s new CAFE standards for new cars and light trucks, beginning with the 2012 model year, will simultaneously reduce greenhouse …

Continue reading “A Good Week for Environmental Federalism”

Good news and bad news on climate change

First the bad news, which is not exactly new but is getting new attention. In the absence of strong policy interventions, warming may be much worse than the IPCC’s projections. MIT’s Joint Program on the Science and Policy of Global Change issued a report in January projecting median surface warming in a “business as usual” …

Continue reading “Good news and bad news on climate change”

Broadening the “scientific integrity” discussion

Scientific integrity was a high-profile issue under the last administration, but only in a very negative sense, with a continual drumbeat of stories accusing the Bush White House and political appointees of interfering with the proper role of science. President Obama has brought new positive attention to the topic, first with his inaugural address promise …

Continue reading “Broadening the “scientific integrity” discussion”

Caveat Preemptor

President Obama issued a “memorandum” for heads of departments and agencies. (I guess this must be technically different from an “executive order” but I’m not sure it matters: an order from the Boss is an order from the Boss is an order from the Boss.) The memo contains a reminder about the importance of federalism …

Continue reading “Caveat Preemptor”

Auto Emissions Deal–Enough Credit to Go Around?

The announcement of the deal on auto emissions was roundly hailed as a remarkable achievement of the Obama Administration. There is no arguing with the notion that it was dramatic, both in terms of the bargaining process and the outcome. The Los Angeles Times today provided a behind-the-scenes view of the months-long negotiations, including everything …

Continue reading “Auto Emissions Deal–Enough Credit to Go Around?”

Mountaintop mining update

In March, I wrote here about EPA’s newfound boldness on mountaintop removal mining. Under current regulations, the Corps of Engineers issues permits for that practice under Clean Water Act section 404, but EPA has the authority to veto those permits. EPA, which was entirely passive on the matter under the Bush administration, had sent objections …

Continue reading “Mountaintop mining update”

Both Sides are Right on Waxman-Markey

Cara asks what people think about the Waxman-Markey bill. It seems clear to me that both sides are right. And no, this isn’t a case of realism versus idealism. Waxman-Markey might be the strongest thing that can get through Congress right now. And even that might be over-optimistic: Waxman can move the thing through the …

Continue reading “Both Sides are Right on Waxman-Markey”

Environmental Hubris: Another Proposed “Fix” for the California Delta

Recently, California state water officials announced with considerable fanfare their latest technological “fix” for the environmental ills that have in recent years befallen the Sacramento-San Joaquin Delta. The largest estuary on the West Coast of the Americas, the Delta is in serious environmental decline–as scientists have carefully documented and which no one disputes at this …

Continue reading “Environmental Hubris: Another Proposed “Fix” for the California Delta”

Good news of the day: Leatherback turtles

In a paper published in Biological Conservation (subscription required for full access), Matthew Witt et al. have found that Gabon hosts the largest known nesting population of leatherback sea turtles. Using aerial surveying techniques, instead of the usual on-the-ground work, over several years, the group estimated that between 15,000 and 40,000 female leatherbacks use the …

Continue reading “Good news of the day: Leatherback turtles”

No pre-contamination chicken litter injunction

In a split decision, the Tenth Circuit has upheld a district court decision denying a preliminary injunction sought by the state of Oklahoma against Tyson Foods and other large-scale Arkansas-based poultry producers in an unusual Resource Conservation and Recovery Act case. RCRA allows citizen suits against anyone involved in the “handling, storage, treatment, transportation, or …

Continue reading “No pre-contamination chicken litter injunction”

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.

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.

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

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.

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.

Month: May 2009

TRENDING

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.

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

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

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.

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.