Year: 2016
DC Circuit Denies Stay of Clean Power Plan
The DC Circuit issued a judgment denying the request for a stay in the case challenging the Clean Power Plan, West Virginia v. EPA. The decision simply states that the petitioners failed to meet the “stringent requirements for a stay pending court review.” The court ordered the parties to submit a proposed briefing schedule by …
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CONTINUE READINGTwo Record-Breaking Hot Years in a Row
Recent World Temperatures Provide Strong Evidence of Climate Change
Scientists in the United States, Japan, and Britain have all confirmed that 2015 was the warmest year in average world temperature in the historical record. This breaks the previous record temperatures of 2014. You wouldn’t really expect a record that has been around for many years to be broken two years in a row, unless something was …
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CONTINUE READINGQuestioning the Questioners
Examining the role of moderators in Presidential debates
On Sunday night, the three remaining candidates for the Democratic presidential nomination took the stage in South Carolina for the third Democratic primary debate. I was pleased that one of the video questions of the night asked the candidates for their plan to address climate change. Although the Democratic candidates have discussed climate change policies …
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CONTINUE READINGGoodbye, Wawona?
Trademark Dispute Threatening Iconic Yosemite Names Could All Be A Big Poker Game
It’s great doing environmental law in no small part because it is interdisciplinary: not only do environmental lawyers and scholars have their own field, but they engage with scientists and engineers, as well as specialists in other legal areas (such as constitutional or tort law). Still, I had never seen an environmental trademark controversy. Until now: …
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CONTINUE READINGThe Perverse Growth of the “Job Killing” Meme
As unemployment goes down and down, talk about “job killing regulations” goes up and up.
We’ve had a number of posts about the claim that regulations cause major job losses. The evidence doesn’t support this claim. (See this post from October). But the claim at least seemed understandable in the depths of the recession, when people were desperately worried about unemployment. The weird thing is that as unemployment has gone …
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CONTINUE READINGSacramento Lunch Briefing On Low-Carbon Biofuel Policies For California
Free event in the State Capitol on Friday, January 22nd
As California commits itself to reducing greenhouse gas emissions from the transportation sector, what role will biofuels play as a petroleum alternative? And how can California ensure that more low-carbon biofuels are produced in-state, especially given the competition from cheap oil and cheap international biofuel? State officials and biofuel producers will address these questions at …
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CONTINUE READINGWant an Economy-Wide Cap on U.S. Climate Emissions? Consider This Corner of the Clean Air Act
New report on Section 115 of the Act suggests an interesting post-Paris approach
A largely-untapped provision of the Clean Air Act authorizes the U.S. Environmental Protection Agency to develop and implement an economy-wide, market-based program to reduce domestic greenhouse gas emissions and achieve the Obama Administration’s Paris Agreement pledge, according to a report released today by several coordinating law school centers, including the Emmett Institute at UCLA. See …
CONTINUE READINGClimate Change, Energy, and the State of the Union
Quite a focus on climate change, this time around.
“Look, if anybody still wants to dispute the science around climate change, have at it. You’ll be pretty lonely, because you’ll be debating our military, most of America’s business leaders, the majority of the American people, almost the entire scientific community, and 200 nations around the world who agree it’s a problem and intend to …
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CONTINUE READINGJames Salzman of Emmett Institute Appointed to U.S. National Drinking Water Advisory Council
Professor James Salzman of the Emmett Institute on Climate Change and the Environment has been appointed to the U.S. National Drinking Water Advisory Council, a federal advisory committee that supports the Environmental Protection Agency in its duties and responsibilities to the national drinking water program. Professor Salzman is the author of “Drinking Water: A History” …
CONTINUE READING2016: The Year of Living Dangerously
2015 was a year of forward movement. Much of that could be in jeopardy this year.
We are at the start of a year of danger for environmental policy. 2015 saw many accomplishments in environmental law: the Administration issued the “waters of the United States” and Clean Power Plan regulations, a Supreme Court ruling in favor of EPA’s cross-state air pollution rule, and the Paris Agreement on climate change. Much of this progress is …
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