April 2015 - Legal Planet

Month: April 2015

The Climate Rides Again

Support the Emmett Institute in the California Coast Climate Ride!

Regular readers may remember Ted Parson’s Legal Planet post about his experience on last year’s NYC-DC Climate Ride. Ted described the ride as “beautiful, hard, and moving.” (Pun possibly intended.) Along with fellow riders Andy Sabin and Dan Emmett, Ted raised a ton of money for our program and brought attention to the work of …

Continue reading “The Climate Rides Again”

California Sets 2030 Climate Emissions Target

And it looks like the right goal

Today, California Governor Jerry Brown signed an executive order setting a statewide greenhouse gas emissions target to be achieved by 2030, at 40% below 1990 levels. It’s an historic announcement that puts California in the vanguard of jurisdictions who have committed to goals in this 2030 timeframe (it matches the E.U.’s). California’s new 2030 target takes its place alongside, …

Continue reading “California Sets 2030 Climate Emissions Target”

Climate Fatigue

You might be tired of climate change. But climate change isn’t tired of you.

I gather that people are tired of hearing about climate change. I’m tired of hearing about climate change, too. Sadly, Nature just doesn’t care that much about entertaining us. It’s going to be climate change this year, climate change next year, climate change the year after that . . . But don’t worry, it won’t …

Continue reading “Climate Fatigue”

Culture Wars at the Supreme Court

A new book examines the roots of judicial conflict in environmental law.

Views on environmental issues are related to broader culture differences. According to social scientists, environmentalists tend to be egalitarian, believe in harmony with nature, and stress responsibility over autonomy. Their opponents, who are skeptical about regulation, tend to favor traditional hierarchies, believe in human mastery of nature, and stress autonomy over responsibility. Jon Cannon’s new book, Environment …

Continue reading “Culture Wars at the Supreme Court”

Is Jeb Bush Listening to Andy Sabin?

Position on Climate Change Evolving

Jeb Bush is now “concerned” about climate change. He also believes the U.S. needs to work with other countries to “negotiate a way to reduce carbon emissions.” Though some environmental groups remain skeptical –largely because Bush also embraced natural gas as the primary tool to reduce U.S. …

Continue reading “Is Jeb Bush Listening to Andy Sabin?”

The Battle to Restore Hetch Hetchy Valley Moves to the Courts

New Lawsuit Claims Dam and Reservoir in Yosemite National Park Violate California Constitution

This week, the longstanding battle over the dam and reservoir that have for a century flooded Yosemite National Park’s storied Hetch Hetchy Valley moves to the courts. A new lawsuit, filed by conservationists on the 177th anniversary of John Muir’s birth, asserts that the City of San Francisco’s continued operation of O’Shaughnessy Dam and Hetch Hetchy Reservoir …

Continue reading “The Battle to Restore Hetch Hetchy Valley Moves to the Courts”

Carbon Vouchers: A Small-Government Approach to Climate Action

How to limit climate change without giving the Feds enforcement powers or revenue.

What I’m going to sketch here isn’t a zero government approach. But the government’s role is very limited: federal agencies don’t do any enforcement and the government doesn’t touch any revenue from the scheme. So this approach deals with the concern that a carbon tax or something similar would either expand EPA’s ability to abuse …

Continue reading “Carbon Vouchers: A Small-Government Approach to Climate Action”

Swinging Between Optimism and Pessimism on Climate Change

good news, bad news

Every day seems to bring new news about climate change, some of it encouraging and some of it so disheartening that doomsday feels around the corner. Here’s a catalogue of recent climate news, starting with the optimistic stories: Bloomberg news reports that the end of fossil fuels is in sight. The World Bank today announced …

Continue reading “Swinging Between Optimism and Pessimism on Climate Change”

Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

Continue reading “Has EPA’s Proposed NSPS Expired?”

Yogi Berra Explains the Mono Lake Case

Or — Timing Is Everything

As part of the book I am writing on the Mono Lake case, one question stands out: how was the Mono Lake Committee able to assemble the resources to bring a lawsuit against the powerful Los Angeles Department of Water and Power? At one level, the answer is obvious: it found a Sugar Daddy, in …

Continue reading “Yogi Berra Explains the Mono Lake Case”

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.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

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.

Month: April 2015

Support the Emmett Institute in the California Coast Climate Ride!

And it looks like the right goal

You might be tired of climate change. But climate change isn’t tired of you.

A new book examines the roots of judicial conflict in environmental law.

Position on Climate Change Evolving

New Lawsuit Claims Dam and Reservoir in Yosemite National Park Violate California Constitution

How to limit climate change without giving the Feds enforcement powers or revenue.

good news, bad news

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Or — Timing Is Everything

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.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

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.