September 2018 - Legal Planet

Month: September 2018

Some Things You May Have Missed This Week

The Administration didn’t take the week off from undermining efforts to protect the environment.

As many of us were, I was riveted for much of the past several days by the news and hearings regarding Judge Kavanaugh’s potential appointment to the United States Supreme Court. It’s easy to feel these days as though any one aspect of what’s happening politically at any given moment could occupy all of our …

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High-Stakes Races in Florida

A Senate seat and the Governor’s Mansion are both in play.

Florida has not one but two races this year with national significance. One is the Senate race. The other is the Governor’s race. We all know why Senate races matter, especially this year when the Senate is so closely divided. A gubernatorial race, in contrast, normally would be considered mostly a local matter. But there …

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Another Dam Climate Adaptation Problem

Report Suggests That Poor Management Intensified Kerala Flood Devastation

The Economic and Political Weekly is one of India’s most prestigious journals: for decades it has enjoyed a unique role in driving the Union’s policy conversation, partly because it is peer-reviewed. And this week, it contains a devastating report about how poor dam management exacerbated Kerala’s horrific floods. It’s an obvious issue: if dams have …

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Californians Strongly Oppose Rolling Back Clean Car Standards

Day-long hearing in Fresno shows clear opposition to Trump administration proposal

Along with hundreds of others, I traveled to Fresno, California to testify today against EPA’s proposed rollback of vehicle standards. We’ve covered EPA and NHTSA’s legally flawed proposal in a number of previous Legal Planet posts. Today’s hearing started out with NHTSA’s chief counsel accidentally referring to EPA as the “Energy Protection Agency,” but has …

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The Case for Co-Benefits

Ignoring co-benefits violates well-established legal principles.

The Trump Administration is moving toward the view, long popular in industry, that when it regulates a pollutant, EPA can consider only the health impacts of that particular pollutant – even when the regulation will also reduce other harmful pollutants. This idea is especially important in climate change regulation, because cutting carbon emissions almost always …

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China at the Global Climate Action Summit

Climate Action from the World’s Largest Emitter

Governor Brown’s Global Climate Action Summit came to a close this past Friday in San Francisco. A large delegation of Chinese government officials, researchers, business leaders and civil society representatives were on hand for the proceedings. Xie Zhenhua, China’s special representative on climate change, reaffirmed China’s commitment to action on climate change. While Xie had …

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Making Good on Zinke’s Pledge

Trump Administration Puts Industry First in Regulation of Methane Emissions from Oil & Gas Operations

“Our government should work for you, the oil and gas industry.” – Secretary of the Interior Ryan Zinke, at a gathering of oil industry representatives, Sept. 18, 2018 Within the past two weeks, the Trump Administration has taken two significant steps to roll back Obama-era regulations designed to reduce waste and GHG emissions from oil …

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Battle for the Senate: Arizona and Nevada

These two states offer Dems badly needed pick-up opportunities.

Here are two key Western races. The contrast between candidates on environment and energy is striking. Arizona: Sinoma v. McSally (primary Aug. 28). Incumbent Jeff Flake (R) isn’t running for reelection. Flake’s lifetime score from the League of Conservation Voters (LCV) was a mere 9%. The likely match-up is Martha McSally, a Republican with a …

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Reflections from Climate Conference No. 2: The Global Climate Action Summit

Similarly inspiring, with an added dollop of controversy

Last week’s Global Climate Action Summit in San Francisco was at once exciting, inspiring, thought-provoking, and controversial. While I was reinvigorated to push my career in climate change and environmental law and policy, it also forced me to critically think about the nuances in climate change policymaking. As promised, here is an overview of my …

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Battle for the Senate: Montana and North Dakota

These two coal-producing states may determine the balance of power in 2019.

Montana and North Dakota are two must-win states for the Democrats. Both states went heavily for Trump. The environmental stakes are large. Montana: Tester v. Rosendale. The incumbent is Jon Tester (D), with an 86% lifetime League of Conservation Voters (LCV) score. Montana gets 54% of its power from coal and 40% from renewables (33% …

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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.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

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.

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.

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.

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

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.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

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.

Month: September 2018

The Administration didn’t take the week off from undermining efforts to protect the environment.

A Senate seat and the Governor’s Mansion are both in play.

Report Suggests That Poor Management Intensified Kerala Flood Devastation

Day-long hearing in Fresno shows clear opposition to Trump administration proposal

Ignoring co-benefits violates well-established legal principles.

Climate Action from the World’s Largest Emitter

Trump Administration Puts Industry First in Regulation of Methane Emissions from Oil & Gas Operations

These two states offer Dems badly needed pick-up opportunities.

Similarly inspiring, with an added dollop of controversy

These two coal-producing states may determine the balance of power in 2019.

TRENDING

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.

Probably not. But also possibly yes.

“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.

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.

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.

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

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.

Probably not much. If at all.

Probably not. But also possibly yes.

“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.

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.