October 2014 - Legal Planet

Month: October 2014

Mono Lake at 20: Past, Present and Future

Symposium in Sacramento, November 17

Please join us as the UC Berkeley School of Law, with stakeholders in the Mono Lake Cases, convenes a symposium in Sacramento on November 17, 2014, to mark the 20th anniversary of the State Water Resources Control Board’s Decision 1631. Panel presentations feature an cast of thought leaders, including: Marty Adams (Los Angeles Department of Water …

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What Does the High Profile of Environmental Issues in this Election Mean for the Future?

Environmental issues have been surprisingly visible in this campaign – nearly every Senate candidate gives them prominent attention. The New York Times reports that they are also the third most common topic for political ads in this cycle. The evidence they report shows, not surprisingly, that coal and oil are big issues in key states: …

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What Is An “Environmental” Lawyer?

No side of the profession should have a monopoly on the term

My post last week on renaming “environmental” law to “resources” law greatly peeved a number of private bar attorneys, who thought I was impugning their entire side of the practice. My post clearly played into some longstanding tension and defensiveness (no pun intended) about this issue. These attorneys believe that even though they may represent …

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Happy Birthday, Yosemite–and California’s State Parks System

The Core of Yosemite National Park, & California’s First State Park, Were Created 150 Years Ago

2014 marks the 150th anniversary of the creation of what we now know as Yosemite National Park. It’s also the sesquicentennial anniversary of California’s State Parks System. The two events are, in fact, inextricably related. And how they occurred is a noteworthy and truly inspirational story. In 1864, in the midst of the Civil War, …

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Time To Rename “Environmental” Law

The label is misleading and inaccurate

Every year in October, the California State Bar Environmental Law Section hosts a three-day conference on the outskirts of Yosemite, attracting prominent lawyers, advocates, and public officials from all over the state. This past weekend, at the traditional Saturday night banquet, famed climate activist Bill McKibben was the speaker. Unfortunately at the last minute he …

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The Ebola Panic

Some politicians encourage panic about a small outbreak in Texas, while thousands in Africa are dying.

The National Lampoon once put out a mock edition of a newspaper from the fictional city of Dacron, Ohio. There was a screaming headline reading: TWO DACRON WOMEN MISSING. A much smaller subheading read: Japan destroyed by tidal wave. We are now seeing something similar in the U.S. reaction to Ebola. So far, only three cases …

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After November, the Deluge?

What will the Republicans do if they take control of the Senate? Will this be Armageddon for Obama’s environmental policies, as both Democrats and Republicans insist? The truth is likely to be less dramatic, though still bad from an environmental perspective. Greenwire had a very interesting piece about that on Friday. Both Republican and Democratic …

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Should Environmental News Coverage Be In The Science Section?

A whiles back I wrote about how the New York Times’ environmental coverage had been in decline. The public editor at the Times has a new article stating that environmental coverage has recently increased substantially. I think that is a great thing. But I want to focus on another element of the public editor’s article. …

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California’s New Groundwater Law: An Interactive Timeline

What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?

Many (including Legal Planet’s own Rick Frank) have examined the pros and cons of California’s new locally-focused groundwater management law. Such analyses will continue to be critically important as state and local players move forward with the nitty-gritty of actual implementation, and the legislation’s practical, on-the-ground (and under-the-ground) implications become clearer. In this post, however, my goal …

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Political systems and environmental law

The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …

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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”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

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

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.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

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 2014

Symposium in Sacramento, November 17

No side of the profession should have a monopoly on the term

The Core of Yosemite National Park, & California’s First State Park, Were Created 150 Years Ago

The label is misleading and inaccurate

Some politicians encourage panic about a small outbreak in Texas, while thousands in Africa are dying.

What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?

TRENDING

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”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

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

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 much. If at all.

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.