May 2011 - Page 4 of 5 - Legal Planet

Month: May 2011

The High Speed Rail Sacramento Smack-Down

California has been going about planning high speed rail all wrong, and Sacramento appears to be taking notice. Yesterday, the nonpartisan Legislative Analyst’s Office (LAO) released a report recommending major changes in the way California implements high speed rail. In addition to a complete reorganization of the governing structure of the High Speed Rail Authority, …

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Important New IPCC Report on Renewable Energy: Good News

Yesterday the IPCC released its Special Report on Renewable Energy Sources and Climate Change Mitigation (SRREN). To the extent that such a heavily edited and negotiated report contains a bottom line, it seems to be this: As infrastructure and energy systems develop, in spite of the complexities, there are few, if any, fundamental technological limits to …

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The Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers

For several years now, large law firms have sought work related to climate change, though prior to President Obama’s election the work was relatively thin. Sure there were challenges to California’s legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and …

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The story of the Price-Anderson Act: how Congress made nuclear power financially viable in the U.S. by eliminating accountability for risk

Ever wonder how nuclear power plants have been able to get financial backing in the U.S. despite the huge, and largely uncertain, potential risks they pose? Or why there are nuclear plants within a few hours’ drive of major population centers such as Los Angeles and New York? Or who will pay the costs that …

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Great New Blog: AJWS Global Voices

American Jewish World Service, one of the most effective international anti-poverty and pro-development organizations in the worlds, has a new blog up. It’s called Global Voices, and features not only the work of AJWS grantees but also how issues of poverty and human rights interact with ecosystem protection. Some of the recent posts focus on …

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The Official Produce of Legal Planet

Wandering in my local supermarket the other day, I came across a special for “Local Organic Cara Cara Oranges.” No misprint: two Caras are required. Hmmm… local, organic, and Cara. That’s it! They named it after my co-blogger. Obviously, it should have some official status. Note that I am making an admission against interest …

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The Death of the Facial Takings Claim

Last week, I reported a couple of recent appellate court opinions that grapple with the question of a “facial” takings claims — neither of them, in my view, very satisfactorily. The problem, as I see it, is this: a regulatory takings claim turns on the impact of a government regulation on the plaintiff. But since …

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A Modest Proposal for Increasing Nuclear Safety

The N.Y. Times has a revealing, lengthy article about the NRC that raises disturbing questions about the agency’s oversight of the industry. Here are three points that are especially disturbing: First, the NRC has weakened requirements for relicensing to the point where the process involves expensive red-tape but the result is a forgone conclusion. For …

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Wolf delisting rule challenged in federal court

Yesterday, Alliance for the Wild Rockies, Friends of the Clearwater and WildEarth Guardians filed a compliant in the federal district court of Montana challenging the wolf delisting rider. You can check out a press release from WildEarth Guardians here. My previous posts describe the wolf delisting rider and the past litigation on the wolf delisting. …

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Evaluating the claim that future environmental regulations have already made California the nation’s worst place to do business

I’m reasonably sure that chiefexecutive.net’s annual listing of “Best/Worst States for Business“ isn’t most people’s go-to source for information comparing various states’ business climates. Nonetheless, the website’s annual survey just came out, and the Sacramento Bee is covering it as a story (with a promise of more coverage to come). California — as usual — …

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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.