February 2011 - Page 3 of 5

Month: February 2011

Preview of Coming Attractions: American Electric Power v. State of Connecticut

The U.S. Supreme Court recently announced the scheduling of oral arguments in the biggest (actually, the only) environmental case of its current Term: American Electric Power v. State of Connecticut. The justices will hear arguments on April 19th, and render their decision in this major climate change case by the end of June. Already, however, …

Continue reading “Preview of Coming Attractions: American Electric Power v. State of Connecticut”

Putting Cooperation Into Cooperative Federalism

When federal law tells a federal agency to consult with the states before issuing its rules, what is the agency obliged to do? Is it enough to allow the states to file comments on a proposed rule, or to invite their representatives to speak at a public hearing? According to the recent Ninth Circuit Court …

Continue reading “Putting Cooperation Into Cooperative Federalism”

Forest Service releases proposed revised planning rule

On Monday, the Forest Service published its proposed new planning rule. The planning process for national forests has been in a kind of limbo since the end of the Clinton administration. The National Forest Management Act requires the preparation and periodic revision of land management plans for each national forest. The first planning rule was …

Continue reading “Forest Service releases proposed revised planning rule”

EPA prepares to wade into the Bay-Delta

Cross-posted at The Berkeley Blog. EPA has announced “an information-gathering process on how the EPA and the State of California can achieve water quality and aquatic resource protection goals” in the California Bay-Delta. EPA is not proposing any new regulations yet, but it is seeking public comment on what it might do to address water …

Continue reading “EPA prepares to wade into the Bay-Delta”

Not Enough “Green” to be Green?

The Washington Post has details about the budget proposal. Here’s the information on EPA: President Obama’s proposed budget provides $9 billion for the Environmental Protection Agency, noting that that amount represents a $1.3 billion decrease from the previous budget year. But that’s unlikely to satisfy Republicans in the House who are sharpening their knives to …

Continue reading “Not Enough “Green” to be Green?”

Three Obstacles To California Climate Progress

California’s AB 32 — the Global Warming Solutions Act — is the biggest and best thing going on the domestic climate change front. The bill is sweeping in its application and the agency charged with implementing the Act, the California Air Resources Board, has moved aggressively to chart out the path the state will need …

Continue reading “Three Obstacles To California Climate Progress”

What we’re reading, oceans edition

Cross-posted at CPR Blog. Here’s some of what’s going on in the ocean policy world: BOEMRE is reviewing the first post-moratorium application to drill an exploratory deepwater well in the Gulf of Mexico. As required by a June Notice to Lessees, Shell’s application to drill 130 miles from shore in 2000 to 2900 feet of …

Continue reading “What we’re reading, oceans edition”

Ninth Circuit allows landowner to challenge impaired water listing

UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …

Continue reading “Ninth Circuit allows landowner to challenge impaired water listing”

The World in 2050: Economics and Resources

This is a second post on Laurence Smith’s new book, The World in 2050. I posted previously about demographic projections, but the economic and resource projections are also notable. Here are some important ones: Conventional oil is at or near its peak. Remaining oil will be increasingly expensive to obtain. Even with improved efficiency, India …

Continue reading “The World in 2050: Economics and Resources”

My Daughter Writes Her Presidential Campaign Statement

As Lincoln’s Birthday and Washington’s Birthday approach, my 6-year-old daughter Rose’s teacher told them to write their own three-sentence statement about what they would do if they were President. This was a somewhat frightening prospect for me: who knows what my daughter will write? And, of course, how will it reflect on me? Am I …

Continue reading “My Daughter Writes Her Presidential Campaign Statement”

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: February 2011

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.