2014 - Page 3 of 25 - Legal Planet

Year: 2014

The ESA and the Commerce Clause

The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the litigation strategy by environmental groups …

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Reaching Across the Aisle?

The safest prediction is that our Democratic President and Republican Congress will not in fact be able to work together. Their present gestures toward cooperation may mean nothing more than a willingness to accept the other side’s surrender. But hope springs eternal. Are there areas where common ground exists? That seems nearly impossible on some …

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U.S.-China Climate Pact and Domestic Politics

Alex Wang and I Consider the Domestic Ramifications in Both the U.S. and China

The news from Beijing this week that the U.S. and China are committing to ambitious goals on climate change is, we think, monumental. No two countries are more important to tackling the problem than the largest carbon emitter over the past two centuries, the U.S., and the largest current emitter, China. While many observers are …

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Some Unsolicited Advice for Tom Steyer

There were a number of efforts by wealthy individuals and/or Super PACs to affect the midterm election results. Most relevant to this blog, Tom Steyer used tens of millions of his own funds to support candidates that he felt would be more supportive of efforts to address climate change. After the election, the media portrayed …

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A Ray of Hope [Breaking News]

President Obama and Chinese President Xi Jinping announced a major deal on climate change this morning. As summarized by the Washington Post, China, the world’s biggest emitter of greenhouse gases, pledged in the far-reaching agreement to cap its rapidly growing carbon emissions by 2030, or earlier if possible. It also set a daunting goal of …

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“You’re Just Not My Type (of error)”

Most people find statistics off-putting — who wants to look at a bunch of numbers? And Statistics courses, which are required for students in many majors, are usually viewed as a painful box to check. But when you put aside the numbers and the technicalities, statisticians also have some simple yet powerful concepts. One of …

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Using Textualism Against Itself

Industry has come up with a Scalia-like argument to fight the proposed climate regulations for existing power plants. The problem arises because Congress passed two different versions of section 111(d) without realizing it. The Senate version clearly gives EPA the authority to regulate CO2 under this provision. But opponents of regulation argue that the House version …

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Time to Vote! (A Gentle Reminder from the Friendly Folks at Legal Planet)

If there’s one thing that everyone connected with this site agree on — even our resident climate denial troll — it’s that environment and energy issues are important. If you’re on one side, public health, nature, and the very future of the planet are at stake. If you’re on the other side, it’s crushing economic …

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The Future of Conservation

Earlier this year I wrote critically about a New York Times op-ed that proposed making the restrictions on development in wilderness areas more flexible in order to allow for adaptation to climate change. This week the Times published what I think is a much more helpful op-ed on the topic of how we should address …

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Five Governor Races to Watch

The Senate races are getting a lot of attention this year. But what happens in statehouses also matters. Most directly, it matters for the folks who live there. But governorships are often proving grounds for politicians who later emerge on the national scene. Today, I’ll focus on a handful of races that look like they …

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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.

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.

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

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.

Year: 2014

Alex Wang and I Consider the Domestic Ramifications in Both the U.S. and China

TRENDING

The barriers are still huge — but we can also envision a path to success.

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.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

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

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.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.