Month: April 2024
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.
A key part of California’s climate policy has always been its cap and trade system. Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. I’ve been digging into the rules, the explanatory website set up by the California Air Resources Board (CARB), and secondary sources to try to …
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CONTINUE READINGU.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
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGCalifornia 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”
This week California and the Biden Administration’s Environmental Protection Agency won a critically-important environmental lawsuit in the U.S. Court of Appeals for the District of Columbia. The case involves a constitutional challenge brought by a coalition of conservative (“red”) states to E.P.A.’s delegation of federal Clean Air Act (CAA) authority for California to adopt …
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CONTINUE READINGShanahan, 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.
Nicole Shanahan seems to care about climate change. But neither she nor RFK Jr. have told us their climate plan. And they haven’t explained why we should take the risk of another four years of Trump rollbacks.
CONTINUE READINGPower 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.
China’s global rise has raised concerns about impacts on the environment in a bewilderingly wide range of issues. These include global climate change, deforestation, impacts on rare and endangered species, harm to fisheries, environmental impacts of overseas infrastructure, mining, and energy sector investments, to name just a few. Popular attention has often focused on Chinese …
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CONTINUE READINGNot 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
CLEE has just released a new report, Offshore Wind & Community Benefits Agreements in California: CBA Examples, detailing the CBA and other community provisions in California’s offshore wind leases, as well as examples of CBA precursors and models from other industries. Read it here. As California offshore wind moves forward, there are opportunities for underserved, …
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CONTINUE READINGClimate Change and Nigeria
A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?
By the time my youngest granddaughter is thirty, Nigeria will be the world’s third-largest country. It’s also one of the countries that’s least prepared to adapt to climate change, which will be much worse by then. Nigeria’s population is expected to roughly double by 2050, to around 400 million. The population was previously expected to …
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CONTINUE READINGA Total Eclipse of the Heat
The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.
Millions of Americans traveled this week to the path of totality to hunker down with loved ones and total strangers to gaze upwards at one of the most amazing astronomical events of our lives and share something like a transcendent, spiritual experience. I hope we can collectively reckon with another terrifyingly awesome atmospheric event: the …
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CONTINUE READINGNo, 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.
If you have somehow managed to escape the frenzied political headlines about electric vehicles, first I envy you and second, I must regrettably inform you that the EV has become an acronym of partisan rancor on par with IVF, DEI, and CRT. There’s a lot of reasons for this electric car culture war: President Biden …
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CONTINUE READINGRanking the Candidates’ Focus on Energy & Climate
Some campaign websites mention these issues only in passing. Others went into more detail.
I thought it would be helpful to provide some kind of objective measure of how much various candidates focus on energy and climate. I based this on how extensively they discuss these issues on their websites. By this ranking, Biden came in first — surprisingly, ahead of progressives Jill Stein and Cornel West. Also surprisingly, …
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