October 2011 - Legal Planet

Month: October 2011

Nice to know I’m sober

Today the Supreme Court denied certiorari in the case known to that Court as Stewart & Jasper Orchards v. Salazar. So why the headline? This is the commerce clause challenge to ESA protection for the Delta smelt, rejected by the Ninth Circuit this past spring under the name San Luis & Delta-Mendota Water Authority v. …

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More On the Republican Anti-Fact Shield

So after I posted my tantrum about George Will the other day, I felt a little guilty. Maybe I had been too hard on The Tory Bowtie. After all, maybe his putting “facts” in scare quotes was just a slip. Then I saw this piece on the Washington Post editorial page by Republican pollster Ed Rogers, …

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A Completely Uninteresting Story

The Wall Street Journal editorial board claims that California’s new cap-and-trade regulations will cost each consumer $3,800 a year and calls it creeping Stalinism. As my UCLA (and UCLAW!) colleague Matt Kahn gently and genially points out, the Journal’s editors are engaging in cranial-rectal fusion. In other news, dog bites man, the sun rises in …

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Trolling for Anti-Environmental Plaintiffs

A reader sent me a an email from the Coalition of Energy Users trying to find plaintiffs for a challenge to AB 32 implementation. CEU claims to be a grassroots group that does not have a deep-pocket funding source, and that may be true. On the other hand, its interests are so precisely aligned with …

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When Can We Attribute Extreme Events to Climate Change?

Moscow suffered from a severe heat wave in the summer of 2010, with temperatures reaching 101 degrees and an average temperature 14 degrees higher than normal for July. What are the odds that the heat wave was due to climate change? RealClimate presents the results of an analysis that was just published in the Proceedings …

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(What Remains Of) The Conservative Mind Melts Down

Once upon a time, George Will had a reputation as the thinking person’s conservative. No more. He’s not only a climate denier, but a couple of weeks ago he smeared Elizabeth Warren with a kind of red-baiting that I haven’t seen since the fall of the Berlin Wall. Now he’s at it again, sort of. …

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How Plaintiffs Can Win More Takings Cases: A Proposal for California

I’ve never been particularly sympathetic to regulatory takings claims; like many on the left of center, I’m wary of expanding a constitutional doctrine with the potential to severely injure good land-use planning and reconstitute Lochnerism. That said, it’s hard to look at the reports of many takings cases without getting a strong sense that a lot …

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New Voices in Environmental Law

This blog features some work by some junior scholars and some established ones. One thing that we’ve tried to do, from time to time, is to direct attention to new electronic sources on environmental law. In that spirit, here some blogs and twitter feeds featuring junior scholars that we think are worth a look: Matt …

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UCLA Emmett Study Says Cool Roofs are Way Cool (and Bring Lots of Environmental Benefits)

UCLA Law’s Emmett Center on Climate Change and the Environment released a new report today called Bright Roofs, Big City: Keeping L.A. Cool Through an Aggressive Cool Roof Program. The report is the second Anthony Pritzker Environmental Law and Policy Brief issued by the Center. Cara Horowitz, the author of the report, used a dataset …

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Assessing the California Environmental Quality Act at 40

On Friday, November 4th, the U.C. Davis School of Law’s California Environmental Law & Policy Center will host an important conference: “CEQA at 40: A Look Back, and Ahead.” This year marks the 40th anniversary of California’s influential environmental law, the California Environmental Quality Act (CEQA). Modeled on and inspired by the National Environmental Policy Act …

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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.

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.

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

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.

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.

Month: October 2011

TRENDING

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.

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.

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

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

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.