March 2011 - Legal Planet

Month: March 2011

Ecology Law Quarterly publishes Volume 37 number 4

ELQ’s latest issue, 37(4), is now available online. It begins with a warm tribute to the late Phil Frickey. The articles cover a wide range of topics, from Canadian environmental to renewable energy siting, genetics and the Endangered Species Act, and the role of tribes in water pollution regulation in Maine. The issue closes with …

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Conservatives and climate change

Dan notes, in a recent post, the ways in which potential Republican presidential candidates are backwards-pedaling on whatever statements they might once have made supporting action to address climate change. (Climate change is apparently the new former mistriss — we’ve all flirted in the past with things we now regret.) Former Congressman Bob Inglis (R-S.C.) spoke at UCLA …

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New life for a founding member of the environmental law blogosphere

Welcome back to Environmental Law Prof Blog, which has been relaunched by a diverse and energetic group of young environmental law profs. Contributors include Lincoln Davies, Brigham Daniels, Blake Hudson, Lesley McAllister (a PhD graduate of Berkeley’s Energy and Resources Group), and Hannah Wiseman. Here’s how they describe their blog: Welcome to the Relaunch of …

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UCLA Law Symposium: Perspectives on Climate Change

Please join us at UCLA Law School on April 15th for the 2011 Environmental Law Symposium, Perspectives on Climate Change, Pollution and the Clean Air Act. The keynote speaker will be Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. Please RSVP. You can also check out the program for more information. Panel …

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Right on the Commerce Clause, wrong on the ESA

Cross-posted at CPRBlog. As Rick noted earlier, the Ninth Circuit is now the fifth federal circuit court of appeals to reject a Commerce Clause challenge to the ESA. In San Luis & Delta-Mendota Water Authority v. Salazar, a Ninth Circuit panel upheld protection of the Delta smelt. I agree with Rick’s analysis of the Commerce …

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New Assistant-Dean/Law-Professor Position at Pace

I was asked to post information about a new academic job opening at Pace Law School. This isn’t something that we’ve done before on this blog, although we did give a list of schools with openings earlier in the academic year. But providing this information seems like a useful service to our readers and to …

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Video and print materials online from our conference Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority

On February 11, UCLA Law hosted a symposium, Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority. This daylong conference addressed important new developments in local land-use law. We now have a webpage devoted to the symposium, including links to video recordings of all the day’s sessions, as well as written materials …

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Pandering to the Right, Or, “That Was Then, This Is Now.”

PAWLENTY: Well, anybody who’s going to run for this office who’s been in an executive position, or may run, has got some clunkers in their record. Laura, mine I think are fewer and less severe than most. As to climate change, or more specifically cap-and-trade, I’ve just come out and admitted it — look, it …

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Ninth Circuit Rejects Commerce Clause Challenge to ESA

Aligning itself with four other federal circuits that have addressed the question, the Ninth Circuit has ruled that application of the Endangered Species Act to California’s imperiled Delta Smelt doesn’t violate the Commerce Clause of the U.S. Constitution. San Luis & Delta-Mendota Water Authority v. Salazar (http://www.ca9.uscourts.gov/datastore/opinions/2011/03/25/10-15192.pdf ) is the latest chapter in the long-running …

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U.S. House of Representatives v. Modern Science

Nature, one of the two leading scientific journals in the world, has a strongly worded editorial about the recent House hearings on climate change: At a subcommittee hearing on 14 March, anger and distrust were directed at scientists and respected scientific societies. Misinformation was presented as fact, truth was twisted and nobody showed any inclination …

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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.

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”

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.

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

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.

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: March 2011

TRENDING

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.

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”

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.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

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.

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.