Year: 2017
200 Days and Counting: Public Lands
The potential impact of a Trump Administration on our federal public lands.
The federal government owns almost one-third of the land in the United States, primarily concentrated in the Western states. In addition, the federal government is the primary manager of the oceans off the coast of the United States (with the exception of oceans within three miles of the coastline, which are primarily under state authority). …
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CONTINUE READING200 Days & Counting: Enforcing Environmental Laws
Don’t expect the Administration to take the lead in enforcement. Others will need to step up.
As the Bush Administration learned, it can be difficult to pass new legislation or enact new regulations. But another way of gutting environmental rules is much easier: just stop enforcing them. An agency’s enforcement decisions receive essentially no judicial review and precious little publicity. Cuts in enforcement budgets receive even less public notice and are …
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CONTINUE READINGCenter for Ocean Solutions Releases Consensus Statement and Report on the Public Trust Doctrine, Sea Level Rise, and Coastal Land Use in California
Report Analyzes State Public Trust Responsibilities on the Coastline, Coincides With Coastal Commission Staff’s Release of Draft Residential Adaptation Policy Guidance
UPDATE (September 1, 2017): The statement’s drafters have provided a link (shared at the end of the post) for California attorneys who wish to sign on to the statement discussed here. Last month, a group of public trust and coastal land use experts, working under the auspices of the Center for Ocean Solutions, released two …
CONTINUE READING200 Days & Counting: Pollution and Climate Change
Trump and Pruitt want to take an ax to EPA regulation. That will be harder than they think.
Rolling back EPA regulations is one of the Trump Administration’s priorities. The most notable example is Obama’s Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not …
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CONTINUE READING200 Days and Counting: Budget
What are the implications of changes to the federal budget for environmental law?
The Trump Administration has proposed draconian cuts to a range of environmental and science agencies, including the Environmental Protection Agency, the Department of Interior, NASA’s climate science work, and NOAA’s science and regulatory programs. Here we’ll talk about the potential implications of dramatic budget cuts, and then the likelihood they will occur, at least for …
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CONTINUE READINGSetback for EPA in Regulating Gases with High Global Warming Potential
DC Circuit vacates 2015 rule on HFCs
Today, the D.C. Circuit Court of Appeals vacated a 2015 EPA rule targeting the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases that are used as refrigerants and propellants for a variety of purposes as a substitute for ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). The court’s decision is a setback for President Obama’s …
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CONTINUE READINGGuest Blogger Justin Pidot: Two Years after Gold King Disaster, Trump Would Slash Funding for Abandoned Mines Cleanup
Congress Should Ensure that Money Is Available to Address Pollution on Public Lands
In recent legal battles, the State of Utah has rarely sided with the environment. It is a significant moment, therefore, when Utah files a lawsuit aimed to force polluters to pay for contamination they have caused, as it did last week when it sued mine owners and contractors for the EPA related to the Gold …
CONTINUE READING200 Days and Counting: Legislation
What are the prospects for major environmental legislation in the near future?
From the perspective of environmental law, one of the most important questions is whether full Republican control of Congress and the White House would lead to fundamental changes to significant environmental laws. These are the kinds of changes that would be most important over the long-run, from a legal perspective. Laws are hard to pass …
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CONTINUE READINGWhen are markets appropriate tools for sustainably managing groundwater?
New report from Berkeley Law’s CLEE outlines critical considerations for local groundwater markets under SGMA
Locals implementing California’s Sustainable Groundwater Management Act (SGMA) are rapidly turning from questions about who will manage groundwater and how they should approach institutional design to next-level questions: What does sustainability mean for a particular basin, and how will local managers achieve it? One of many potential management tools is a local groundwater market. SGMA opens the door …
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CONTINUE READING200 Days and Counting: Intro
The start of a series on the future of environmental law after 200 days of the Trump Administration
As of August 6, President Trump has been in office for 200 days. When he was elected and inaugurated, there was a great deal of concern about what his Presidency might mean for environmental law. We’ve now gone about 1/8 through his first-term, so we have a little better sense of what the future might …
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