Month: July 2019
The Flight of the Bumblebee
The Trump Administration loses an environmental case. Again.
Last Friday, the Fourth Circuit halted efforts to build a natural gas pipeline because the Administration had done such a lousy job of showing its compliance with the Endangered Species Act. This was one of the Administration’s many losses in court. The case involved a perfect example of “arbitrary and capricious” decision making, to use …
Continue reading “The Flight of the Bumblebee”
CONTINUE READINGRenewable Texas: Lessons from the Lonestar State
Texas has the most wind power in the country and is rapidly building solar. How did that happen?
People are often surprised to learn that Texas is the national leader in wind power, with the twice the generating capacity of any other state. On one notable night in December of 2015, the state got 45% of its power from wind, though the year-round average was only about 10%. In July of this year, the …
Continue reading “Renewable Texas: Lessons from the Lonestar State”
CONTINUE READINGACE or Joker? Trump’s Self-Defeating Climate Rule
The ACE rule adds costs, achieves little, and disempowers the states. Nice job.
The Trump ACE rule violates all the Administration’s own deregulatory principles.To hear Trump talk, the point of deregulation is to reduce the burden of regulation on industry. But weirdly enough, that doesn’t turn out to be true of Trump’s effort to repeal Obama’s Clean Power Plan (CPP) and replace it with his own Affordable Clean …
Continue reading “ACE or Joker? Trump’s Self-Defeating Climate Rule”
CONTINUE READINGNew York’s Big Move
The Empire State has jumped into the first tier of state climate action.
Last week, New York Governor Andrew Cuomo signed a breakthrough climate change law, the “New York State Climate Leadership and Community Protection Act.” What every state does to address climate change is worthwhile, of course, but New York is particularly significant in terms of the national picture. It’s the nation’s third-most populous state and also …
Continue reading “New York’s Big Move”
CONTINUE READINGGuest Blogger Divya Rao: Sen. Udall and Rep. Lowenthal Champion New Legislative Effort to Curb Plastic Waste Pollution
Comprehensive federal legislation on single-use plastics, from bags to straws, anticipated to drop in Fall 2019
This past January, I was one of two students who had the opportunity to travel to Washington D.C. with the Surfrider Foundation and UCLA’s Frank G. Wells Environmental Law Clinic to brief Congress on harms caused by marine plastic pollution and steps the federal government can take to combat the problem by reducing waste from …
CONTINUE READINGEndangered Deference
The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise
Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …
Continue reading “Endangered Deference”
CONTINUE READINGJustice John Paul Stevens, 1920-2019, Was An Environmental Hero
He was frequently the environmental voice of the Court
Justice John Paul Stevens was a giant figure in the history of the United States Supreme Court. He should also be remembered as the Court’s greatest modern environmental voice. He authored the opinion in two of the most significant environmental cases of the last twenty years and the dissent in a third. Three times in …
Continue reading “Justice John Paul Stevens, 1920-2019, Was An Environmental Hero”
CONTINUE READINGHow I Learned to Stop Worrying and Love OIRA
OIRA may have had its problems. What we have right now is much worse.
If you’re like most environmentalists, you probably don’t have a high opinion of OIRA, the White House office that’s supposed to oversee regulations. (For those who are new to this, OIRA stands for the Office of Information and Regulatory Affairs.) The complaints are legion: that OIRA lacks transparency, that it acts as a back door …
Continue reading “How I Learned to Stop Worrying and Love OIRA”
CONTINUE READINGThe Trump Administration’s Latest Efforts to Hobble the Clean Water Act
Administration’s New Plan to Eviscerate States’ CWA § 401 Certification Authority Is Flawed Procedurally & Substantively
By now, readers of Legal Planet are well aware of President Trump’s ongoing efforts to rescind the Obama Administration’s “Waters of the United States” rule and replace it with a new federal regulation that dramatically circumscribes federal regulatory authority under the Clean Water Act. My Legal Planet colleagues and I have previously blogged on this …
Continue reading “The Trump Administration’s Latest Efforts to Hobble the Clean Water Act”
CONTINUE READINGResolving Interconnection Disputes to Speed Clean Technology Deployment
New California agency dispute resolution process in need of expert panelists
When a homeowner or business wants to install clean technology like renewable electricity generation or energy storage either for on-site usage or as a grid service, they occasionally run into problems obtaining approvals from the local electric utility to connect that resource to the electrical grid. The owner must enter into an interconnection agreement with …
Continue reading “Resolving Interconnection Disputes to Speed Clean Technology Deployment”
CONTINUE READING