February 2018 - Legal Planet

Month: February 2018

Ensuring Public Access to California Waterways–In Plain Language

New California State Lands Commission Public Access Guide Required Reading for Coastal Enthusiasts

California residents are passionate about their coastal and inland waterways–and especially their ability to access and enjoy these natural resources. It was concern over being “walled off from the coast” by private development that prompted California voters in 1972 to approve an initiative measure that created the California Coastal Commission and led to California’s Coastal …

Continue reading “Ensuring Public Access to California Waterways–In Plain Language”

Guest Blogger Ken Alex: Resilience and Adaptation

Post #7 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the seventh post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Climate change has arrived. Our fire season never ends; we no longer know if we will have a rainy …

Continue reading “Guest Blogger Ken Alex: Resilience and Adaptation”

Public Lands Watch: BLM Methane Rule (Again)

BLM proposes repeal of rule restricting methane emissions from oil and gas development on federal lands

Tom Schumann drafted this blog post. As previously announced, the Interior Department has published its proposal to roll back an Obama-era regulation aimed at reducing climate change-causing methane releases from oil and gas operations on federal lands. The Obama-era regulation—commonly known as the methane rule—would (1) limit the amount of methane produced by wells that …

Continue reading “Public Lands Watch: BLM Methane Rule (Again)”

The Carbon Tax — More Attractive Than Ever

Due to the latest tax bill, a carbon tax look like a great strategy when the Dems take power again.

Sooner or later, the Democrats will take control of Congress and the White House, just like the Republicans right now. That’s not a political prediction so much as a recognition that the wheel is bound to turn around at some point. At that point, they should give very serious consideration to the possibility of a …

Continue reading “The Carbon Tax — More Attractive Than Ever”

The Social Cost of Carbon – Revisited

The case for using global rather than simply U.S. impacts.

The estimated harm done by a single ton of carbon in the atmosphere – the “social cost of carbon” — is a key factor in setting climate policy. The Trump Administration is trying to get its estimate as close to zero as possible. A key part of this effort is to exclude from consideration the …

Continue reading “The Social Cost of Carbon – Revisited”

Surveying the Landscape of Local Zoning and CEQA

First report from Berkeley/Columbia research project shows how Bay Area residential developments negotiate land-use and CEQA review

A group of interdisciplinary researchers from law and planning (which I am part of) just released its first report on how CEQA and land-use law shape the process of regulating and approving residential developments in five Bay Area cities. (I first posted about our research here.) I’ve included the Executive Summary below, and the full …

Continue reading “Surveying the Landscape of Local Zoning and CEQA”

Trump vs. Obama: Comparing Their First-Year Records

What Trump accomplish in his first year? In terms of energy & environment, less than Obama.

There’s been a lot of sound and fury, and many proposals are in the works. But what have the concrete results been so far? And how does Trump’s effectiveness stack up again Obama’s? I was prompted to ask that question by a note from Jonathan Rosenbloom, an environmental law scholar at Drake University. I had …

Continue reading “Trump vs. Obama: Comparing Their First-Year Records”

Scott Pruitt’s Faulty Logic

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

An earlier blog post pointed to a logical gap in the current EPA’s justification for repealing the Clean Power Plan (CPP), the Obama Administration effort to cut emissions from electrical power plants. He makes an argument that EPA can only base rules on actions that polluters can take within a facility, and jumps from there …

Continue reading “Scott Pruitt’s Faulty Logic”

Guest Blogger Ken Alex: Working and Natural Lands, From Sources to Sinks

Post #6 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the sixth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Roughly 80% of California land is protected or agricultural. That includes deserts, forests, wetlands, foothills, and multiple vegetative types, …

Continue reading “Guest Blogger Ken Alex: Working and Natural Lands, From Sources to Sinks”

Small Hands/Small Infrastructure

It’s not really an infrastructure plan. It’s a plan for toll road and local tax hikes.

The initial response to Trump’s infrastructure plan has been justifiably critical. Jennifer Rubin, my favorite conservative columnist, says the plan doesn’t pass the straight-face test. A good deal of it is designed to encourage privatization of infrastructure or to eliminate environmental safeguards for new projects. I want to focus on a different aspect of the …

Continue reading “Small Hands/Small Infrastructure”

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.

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.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

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.

Month: February 2018

New California State Lands Commission Public Access Guide Required Reading for Coastal Enthusiasts

Post #7 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

BLM proposes repeal of rule restricting methane emissions from oil and gas development on federal lands

Due to the latest tax bill, a carbon tax look like a great strategy when the Dems take power again.

The case for using global rather than simply U.S. impacts.

First report from Berkeley/Columbia research project shows how Bay Area residential developments negotiate land-use and CEQA review

What Trump accomplish in his first year? In terms of energy & environment, less than Obama.

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

Post #6 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

It’s not really an infrastructure plan. It’s a plan for toll road and local tax hikes.

TRENDING

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.

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.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

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.