April 2011 - Page 4 of 5

Month: April 2011

The Dying Dead

Can something that’s Dead still be dying? It can if it’s the Dead Sea and if it’s rapidly disappearing. And it is. Check out this piece from this month’s Scientific American, which details the disappearance of the Dead Sea — which is really a highly saline lake — due to four states (Israel, Jordan, Syria, …

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Will AB 32 Regulations Move Ahead Despite the Court Ruling?

We’ve extensively covered the litigation over California’s landmark climate change law, AB 32. Now, per the Clean Energy Report, CARB might be able to move ahead with the cap-and-trade regulations anyway: the trial court might very well stay its decision pending appeal, which is not unheard of, and according to the state’s attorneys, occurs automatically upon …

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Another Sane Conservative on Climate

Nancy Stiles is the new Republican State Senator from Portsmouth, New Hampshire. She believes in low government spending and decentralization. Libertarians like her. But importantly, she seems to have not been infected with the climate denial crazy of many in her party. While Republicans in the state Assembly have voted to have New Hampshire secede …

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Pathway to Farm Subsidies

Paul Ryan is one of the great intellectual and political frauds of our time. You don’t need to do much more than read through Paul Krugman’s and Jonathan Chait’s work eviscerating his budget proposal, which carries the Orwellian name of “Pathway to Prosperity.” But Legal Planet readers should be aware of something else. If there …

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Endangered species bizarro-bill introduced

In the Superman comics, everything is backwards in Bizarro World. I thought I must have been unknowingly transported there when I read H.R. 1042, introduced by California Democrat Joe Baca, imaginatively (if incoherently) named the “Discredit Eternal Listing Inequality of Species Takings Act” (the DELIST Act, get it?). (Hat tip: ESA blawg.) The text of …

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How NOT to Report on Climate Change

My eye couldn’t help but be drawn to this headline from the Times of India: ‘Nearly 80% of mango crop ruined by climate change’. Wow, I thought. Even for a pessimist like myself, that’s quite a lot. And how did they determine that? Then I looked at the story. Here’s the lede: Alphonso, the king …

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Bush-era EPA § 404 veto survives judicial review

A federal court in Mississippi has rejected a legal challenge to EPA’s 2008 veto of a Clean Water Act § 404 permit for the Yazoo Pumps flood control project. (Hat tip: PLF Liberty Blog.) The Yazoo Pumps project was an anachronism, even by pre-environmental era standards. (This brief history of the project is based on …

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Climate Denial Legislators Struck by Scientific “Friendly Fire”

Paul Krugman has a great column about the so-called climate science hearing last week: So the joke begins like this: An economist, a lawyer and a professor of marketing walk into a room. What’s the punch line? They were three of the five “expert witnesses” Republicans called for last week’s Congressional hearing on climate science. …

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White House review delays EPA mountaintop removal guidance

Cross-posted at CPRBlog. EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects pending review by the White House Office of Management and Budget. The announcement is bad news for Appalachian streams, and worse news for environmental interests hoping the Obama administration won’t completely …

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A Risky FWS Proposal to Limit ESA Petitions

The Endangered Species Act has long been a lightning-rod for controversy. The last administration tried to significantly circumscribe the scope of the ESA in a wide range of ways (see, e.g, here). The Obama Administration up to this point in time has in general sharply contrasted with its predecessor in ESA management, including listing a …

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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.