July 2015 - Legal Planet

Month: July 2015

The Climate Issue & the 2016 Election

There are, to say the least, a broad range of views among the candidates.

We’re beginning to have a sense of where the leading candidates stand on climate change. On the Democratic side, Hillary Clinton announced a goal of 33% renewables by 2030, after saying that the “reality of climate change is unforgiving no matter what the deniers say. Meanwhile, Bernie Sanders is said to have the strongest record on …

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A Case of Reverse Causation?

Tomorrow’s Emission Determine Today’s Social Cost of Carbon

Here’s the weird thing: the social cost of carbon today, depends significantly on the year-by-year emissions of carbon in the future, which we obviously don’t know. (Because it depends on our own future actions!) It takes some explanation to show why that’s true and how it matters. If you know a bit about climate policy, you know …

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Guess What? The Clean Power Plan Isn’t Going to Destroy America After All.

Compliance isn’t turning out to be that much of a burden.

Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.” Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it. But even in his home state, according to the Post, the Clean …

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The Coal Mining Stream Buffer Rule Evokes Firestorm of Protest. #getagrip

Political polarization has gotten to the point where there would be immediate denunciations if the President issued a proclamation honoring apple pie. Another intrusion into consumer choice, besmirching those who prefer cherry and pumpkin! Another blatant overreach by an out-of-control, incipient tyrant! Not only is every executive action accompanied by loud resistance, but the same explosion of …

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Departure of E.T. (the ExtraTerritorial)

The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.

Extraterritoriality is a weird, one might almost say alien, incursion into judicial doctrine under the dormant commerce clause doctrine. The DCC, as it’s familiarly called, prohibits discrimination against interstate commerce and undue burdens on that commerce. But industry has been attacking a wide range of state renewable energy laws under a doctrine relating to extraterritoriality. …

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Tragedy of the Commons–California Drought-Style

State Farmers Planting New Almond Orchards Despite Critical Water Shortages

Traveling through California’s drought-striken San Joaquin Valley repeatedly over the past year, I’ve been surprised and disheartened to see that Valley farmers continue to convert their agricultural fields to newly-planted almond orchards. (My anecdotal observations have been confirmed by various recent press accounts.) This development is a striking, current example of Garrett Hardin’s Tragedy of …

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Petroglyphs? We Don’t Need No Stinkin’ Petroglyphs!

So says the House Natural Resources chairman.

Henry Ford famously said “history is bunk.” A House committee chair went him one better today, dismissing prehistoric art with the term “bull crap.” Now that I’ve got your attention, here’s a little background. President Obama today designated a new 704,000 acre Basin and Range National Monument under the Antiquities Act. This immediately set off a …

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Sacramento Judge Halts California Regulator’s Efforts to Impose Water Cutbacks

Court Rules Water Board’s Administrative Process Violates Water Users’ Due Process Rights

A Sacramento judge has thrown a wrench into the California State Water Resources Control Board’s efforts to impose water cutbacks on several of the state’s senior water rights holders. In a July 10th order, Superior Court Judge Shelleyanne Chang ruled that the Water Board’s administrative process, designed to implement drought-based water reductions, violates the due …

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Clem Shute to be honored by California bar

Boalt alum will follow Joe Sax as second recipient of environmental law lifetime achievement award

This just in, courtesy of Shute, Mihaly & Weinberger — Clem Shute (Boalt ’64) will be honored this fall with the second Award for Lifetime Contribution to the Field of Environmental Law. (The first Award, of course, went to the late Joe Sax.) Clem richly deserves this prestigious award. He has been a major player …

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Could a Riparian Conservation Network increase the ecological resilience of public lands?

A new article suggests river corridors could leverage existing policies to build habitat connectivity

As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …

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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.

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: July 2015

There are, to say the least, a broad range of views among the candidates.

Tomorrow’s Emission Determine Today’s Social Cost of Carbon

Compliance isn’t turning out to be that much of a burden.

The Tenth Circuit dispels extraterritoriality attacks on state renewable energy regulations.

State Farmers Planting New Almond Orchards Despite Critical Water Shortages

So says the House Natural Resources chairman.

Court Rules Water Board’s Administrative Process Violates Water Users’ Due Process Rights

Boalt alum will follow Joe Sax as second recipient of environmental law lifetime achievement award

A new article suggests river corridors could leverage existing policies to build habitat connectivity

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.