2017 - Page 26 of 27 - Legal Planet

Year: 2017

California Appellate Court Hears Arguments in Cap-and-Trade Program Challenge

Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System

On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …

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Earth Day, 2017 Should Be The Next Massive Rally

The 47th Earth Day falls this year on April 22, a Saturday. The fortuity of a weekend date makes Earth Day the perfect opportunity to marshall the energy of the wildly successful Women’s marches around the world to demand that Congress and the Trump Administration protect our planet (hat tip to Emmett Fellow Julia Forgie …

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Welcome to the World of “Alternative Facts”

Don’t expect the idea of evidence-based policy to have much sway in this Adminstration

Kellyanne Conway, one of Trump’s key advisors, has come up with a new term for deliberate falsehoods: “alternative facts.” It’s a concept that does not augur well for the next four years. And it hasn’t gone unnoticed: the hashtag #alternativefacts is spreading like wildfire. Here’s how the alternative facts concept surfaced. Upset by press reports …

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President Trump’s Supreme Court Nominee & Murr-murs of Behind-the-Scenes Supreme Court Intrigue

Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

In his wide-ranging, long-awaited and (to put it mildly) colorful press conference last week, President Trump promised to announce his nominee to the U.S. Supreme Court within two weeks of taking the oath of office. On this pledge, at least, I believe him. Indeed, I’ll be surprised if he waits that long. Senate Republicans refused to …

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Scott Pruitt, Senator Harris and the California Question

California leadership in peril?

Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases). But his response to …

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New Study: California Climate Policies Bringing Over $13 Billion To San Joaquin Valley

Report commissioned by Next 10 and written by Berkeley Law’s CLEE and UC Berkeley’s labor center

Climate policies are under political attack, both in California and nationally. The common argument is that these policies hurt the economy and destroy jobs, particularly in disadvantaged communities. To assess those claims, the Center for Law, Energy and the Environment (CLEE) at UC Berkeley Law and UC Berkeley’s Donald Vial Center on Employment in the …

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Willful Ignorance

As with climate science, Trump is in denial about public health issues.

Anti-vaxxers are a lot like the climate denial crowd, but with two differences. First, there hasn’t been any corporate money fomenting skepticism about vaccines, unlike climate denial. Second, anti-vaxxers are sprinkled across the ideological spectrum. Still, the similarities between these two forms of anti-scientism are greater. One big similarity: both anti-science views have the support …

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Betting on Batteries

Was the Aliso Canyon leak a blessing in disguise?

As reported on the front page of today’s New York Times, 2016 was the third straight year to set a record for highest temperature, the first time the Earth has seen three record-setting years in a row since WWII (1939, 1940, and 1941 each set records, but now 1941 only ranks as the 37th hottest year). …

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The Owls in the Vineyard

It’s smart to take precautions against climate change. More can be done, even in the Trump era.

At night, you can hear the hooting of owls in the vineyard. The owners have deployed owls and falcons to control the pests that threaten the Kendall Jackson vineyards due to milder winters. But birds of prey aren’t the only things flying above the vineyard. There are also drones, which are used to observe small differences …

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Bears Ears: A Monumental End to the Obama Era

Will the Antiquities Act survive the new administration?

With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …

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Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

How the ICC is Using International Criminal Law to Prosecute Suspects of Eco Crimes

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

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”

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

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.

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.

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.

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.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

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.

Year: 2017

Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System

Don’t expect the idea of evidence-based policy to have much sway in this Adminstration

Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

California leadership in peril?

Report commissioned by Next 10 and written by Berkeley Law’s CLEE and UC Berkeley’s labor center

As with climate science, Trump is in denial about public health issues.

Was the Aliso Canyon leak a blessing in disguise?

It’s smart to take precautions against climate change. More can be done, even in the Trump era.

Will the Antiquities Act survive the new administration?

TRENDING

The state’s home energy financing program remains modest and needs to scale

People who care about the environment may not be voters. Can that be changed?

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Current law penalizes adaptation measures because of the risk of takings liability.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

The barriers are still huge — but we can also envision a path to success.

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“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.

Probably not. But also possibly yes.

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.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The barriers are still huge — but we can also envision a path to success.