Year: 2018

Interior doubles down on contempt for government integrity

Newly appointed acting National Park Service chief improperly allowed removal of trees from NPS easement

We know that Secretary of the Interior Ryan Zinke has little regard for government rules — the Navy SEAL career he is so fond of touting was derailed because he misused government funds for personal travel; he has continued to flout travel regulations and restrictions on political activity by government employees in his present job; …

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The Story Behind a Political Breakthrough

Congress passed a 2017 law recognizing climate change as a serious threat. How did THAT happen?

Last month, Congress passed and Trump signed a provision in the Defense Authorization Act that designates climate change a serious threat to national security. That was a historic first. I blogged about the bill last month, but it seemed worthwhile to investigate this surprising development further. Although there’s no direct evidence, there are strong indications …

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When is unoccupied habitat “critical”?

The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog

Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law’s development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 …

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Guest Blogger Ken Alex: California’s Building Energy Efficiency Mandate

Post #3 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the third 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.] Energy usage associated with buildings is substantial. There are different ways to calculate it, but the California …

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Georgia: A Peach of an Energy Policy

Georgia’s energy policy is much better than you’d expect from its Southern location and politics.

Georgia is a bit of a surprise. It is a leader in solar energy in a region that generally has not been very friendly to renewables. It currently ranks 9th nationally in total solar installations (and even more surprisingly, ranked  3rd in 2016 in newly added solar). What’s also surprising is that Georgia has done this …

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Trump Administration Imposes Tariffs On Solar PV Imports

The expected blow for solar companies, consumers, and clean energy & climate advocates will likely bring a U.S. solar slowdown and prompt industry changes

Following up on a campaign promise to crack down on free trade policies, the Trump Administration today announced that they will be imposing tariffs on foreign solar photovoltaic (PV) panels. The tariffs will start at 30 percent in the first year and then decline to 25 percent in year 2, 20 percent in year 3, …

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Guest Blogger Ken Alex: California’s Renewable Portfolio Standard

Post #2 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the second 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.] SB 350 (2015) requires that California’s investor and municipal owned utilities provide 50% of their customer’s electricity …

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Guest Blogger Ken Alex: California’s Vision on Climate Change

Post #1 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

California accounts for about one percent of the world’s greenhouse gas emissions. As the Brown Administration enters its final year, I want to set out my view of why California’s actions on climate change are so important and how they will change the world.  I thank the faculty at Berkeley Law’s Center for Law, Energy, …

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Supreme Court Update: PEPTO and Rinehart

Supreme Court denies review in two important environmental law cases

Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered …

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One Year and Counting

He’s played his cards. Next year, we’ll see how well the other side plays theirs.

In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report …

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