Year: 2015

Should the Court Stay the Clean Power Plan?

Opponents need to prove four things to get a stay. They may be unable to prove any of those.

Opponents of EPA’s landmark climate rule, the Clean Power Plan (a/k/a 111(d) regulation), are seeking to stay the effectiveness of the rule.  A stay is a variety of preliminary injunction, and the Supreme Court laid down four requirements for such orders in Winter v. NRDC: “A plaintiff seeking a preliminary injunction must establish [1] that he is …

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The Uneasy Case for NIMBYism

A Growing Class Conflict Lurks Underneath the Land Use Debate

Paul Krugman is turning his attention to housing affordability, and the results as usual are salutary. When discussing the skyrocketing cost of housing in New York City, he observes: There’s still room to build, even in New York, especially upward. Yet while there is something of a building boom in the city, it’s far smaller …

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Will the TPP Undermine Climate Policy?

The short answer: probably not much, maybe not at all

Representatives of U.S. environmental negotiations have shown up in Paris to campaign against the new TPP trade agreement. (here) They’ve also been actively engaged in discussions with Democratic law-makers, in an effort to block approval.  A key objection is that the TPP will undermine climate policy.  Jim Salzman had a great post last week  on …

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California-Led “Under 2 MOU” Agreement Gaining Steam In Paris

Subnationals commit to aggressive climate goals today at signing ceremony at U.S. Ambassador’s residence

What started as a series of informal conversations about a year ago among Governor Brown, his senior staff, and a few world leaders, has turned into a veritable global movement.  The “Under 2 MOU,” which I blogged about on Thursday, just bumped its total from 57 signatories last week to 80 today, with each representing …

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How are negotiators building text at the climate talks?

Paris, the micro view

Ted has been posting on the proceedings at the Paris climate conference, explaining some of the central conflicts playing out here and the often-counterproductive processes being employed.  He’s given the talks an appropriately large context, stretching all the way back to Charles Lindbergh’s landing at Le Bourget.  I hope to complement his posts with a …

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Paris COP update, Paris COP in context

The climate meetings in in Paris have descended into the usual maelstrom of intensive negotiations in long long days in many parallel meetings. I noted in my post the other day that there is a feeling of higher-than-usual stakes for this meeting. This was highlighted by the visit to negotiators last night by French Foreign …

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TPP or not TPP? Understanding the Environmental Debate over the Trans-Pacific Partnership Trade Agreement

The Obama administration recently notified Congress of its intent to sign the Trans-Pacific Partnership trade agreement (TPP) and released the text to the public. The TPP has proven extraordinarily contentious, splintering political party lines, with likely more Republicans supporting the agreement than Democrats, and dividing environmental groups, as well, with the Sierra Club, Greenpeace and NRDC opposed …

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We’ll Always Have Paris — Or Will We?

Some skepticism from an attendee about what can transpire there

Along with the UCLA Law crew of Ann, Ted, Cara, and Alex, plus six law students, I’ll be attending the UN climate change negotiations in Paris next week, primarily to highlight California’s effort to achieve a strong subnational agreement on greenhouse gas reductions. The “Under 2 MOU” is an impressive commitment by diverse subnational entities, …

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Planting Biofuels in California

New report on ways to boost in-state production of low-carbon biofuels, plus December 14th webinar

When we think of ways to reduce emissions from petroleum-based transportation fuels, electric vehicles get much of the headlines. Battery electric transportation certainly offers a viable, long-term alternative to petroleum fuels. But we’re still a few years away from an affordable, mass-market electric vehicle, and battery technology may be decades away, if ever, from being …

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Why Alberta’s Carbon Tax Matters

Combating Climate Change Will Require Reversing Three-Decade Trend of Political Economy

While Americans were preparing for our Thanksgiving, in the Great White North, a major new development occurred: the NDP (i.e. Social Democratic) government in Alberta — Canada’s major energy-producing province — announced an economy-wide carbon tax starting in 2017 and a cap on emissions from oil sands. This would be an aggressive move anywhere in the …

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