May 2010 - Page 4 of 6 - Legal Planet

Month: May 2010

…in which I become petty and backbiting — sort of

Elena Kagan might not be the greatest scholar in the world — and that might be why President Obama appoints her to the Supreme Court.

Heads in sand, oil in water

Cross-posted at CPRBlog. As oil drifts on and offshore in the Gulf of Mexico, forcing the closure of wildlife refuges and more fishing grounds, Interior Secretary Ken Salazar has called a temporarily halt to new offshore drilling while his staff prepare a report on the disaster and even Republicans in Congress are calling for new …

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How Did It Happen?

An article in today’s Washington Post has some useful background on oil-well blowouts: Blowouts are infrequent, because well holes are blocked by piping and pumped-in materials like synthetic mud, cement and even sea water. The pipes are plugged with cement, so fluid and gas can’t typically push up inside the pipes. Instead, a typical blowout …

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Post-Mortem on Copenhagen

Der Spiegel has a story based on tapes of the behind-the-scenes meetings of world leaders. The headline says it all: The Copenhagen Protocol: How China and India Sabotaged the UN Climate Summit. As usual, the French assessment was the most eloquent: The words suddenly burst out of French President Nicolas Sarkozy: “I say this with …

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China’s Growth in Energy Usage Truly Alarming

Cara blogged earlier this week about the fact that U.S. emissions were down “a whopping 7 % in 2009.” Just when you might have been thinking that we are headed in the right direction on the climate change front, today’s New York Times has a distressing story about Chinese emissions. The take home point: Coal-fired electricity …

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Obama’s Science Advisor Speaks at Berkeley

On Earth Day, Presidential science advisor John Holdren delivered the ERG Annual Lecture at Berkeley. His topic was Science and Technology for Sustainable Well-Being: Priorities and Policies in the Obama Administration. He had many insights to offer on science and public policy, particularly with regard to energy and climate issues.[youtube=http://www.youtube.com/watch?v=JsMyTG4ZXcM&feature=channel]

US climate emissions down a whopping 7% in 2009

The arm of the US Dept of Energy that tracks GHG emissions has come out with final numbers for 2009 emissions. Turns out that last year saw the largest absolute and percentage drop in US CO2 emissions since we began tracking the numbers decades ago. The EIA’s report is here. Here’s a key graph illustrating the decrease: One …

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Appeals to Conserve Energy May Backfire with Conservatives

UCLA economists Dora Costa and Matt Kahn just released this paper about whether “nudges” from a utility to conserve energy — in this case information about energy consumption relative to neighbors and relative to earlier time periods — succeed in lowering usage. Though the authors find that many factors contribute to lowered consumption, including whether a …

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A New Call for Caution About Chemicals

An advance description of a forthcoming report by the President’s Cancer Panel: It [the report] calls on America to rethink the way we confront cancer, including much more rigorous regulation of chemicals. Traditionally, we reduce cancer risks through regular doctor visits, self-examinations and screenings such as mammograms. The President’s Cancer Panel suggests other eye-opening steps …

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EPA dithers on coal ash

UPDATE: Over at CPRBlog, Rena Steinzor and James Goodwin have a nice analysis of the red-lined version of the proposal EPA has posted at regulations.gov, showing the difference between what it wanted to do and what OIRA was able to bully it into doing. Transparency really is a wonderful thing. Looks like EPA was ready …

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Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

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.

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

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.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

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.