Report from Planet X
Help, our energy system screwed up our planet!
A long time ago, in another galaxy far far away . . . . Dear Galactic Governance Collaborative, Those of us who colonized Planet X now find ourselves in dangerous straits. We request urgent assistance due to escalating environmental instability. You're thinking it's not easy to screw up an entire planet. You're right about that. Sadly, though, it's also not impossible. Yeah, that's what we did. Yes, we know that we'll be interstellar laughingstocks for having b...
CONTINUE READINGAfrica in 2050
The continent will face vast challenges. Dealing with them is a global priority.
Take explosive population growth, acute vulnerability to future climate change, and social vulnerability. Stir well and bake. That’s a recipe for trouble. It’s also Africa in 2050. Overcoming the resulting problems is among humanity’s greatest challenges. Currently, 490 million Africans live below the extreme poverty level ($2/day per person). The number is rising but the percentage is going down, because the overall population is growing faster than the nu...
CONTINUE READINGThe Origins of Climate Awareness in the Legal Academy
Forty years ago, the legal academia was getting its first glimmering about climate change.
Today, climate change is the central, though by no means the only, concern in environmental law. Awareness of the issue began slowly, however. Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. The earliest mentions of these terms in the law review literature came in the late 1970s, and only one of the pre-1985 discussions took a comprehensive look at the problem. I found only one relevant reference u...
CONTINUE READINGLos Angeles County Passes Motions to Protect Environmental Justice Communities from Urban Oil Drilling
UCLA Wells Clinic provides legal support.
This post is co-authored by Sean Hecht, Cara Horowitz, and Beth Kent. The Los Angeles County Board of Supervisors passed three motions earlier this month that will start a process of phasing out existing oil and gas drilling on unincorporated land within the County, prohibiting new oil and gas extraction wells, and implementing a strategy to transition workers to stable jobs in the clean energy economy. The landmark motions, which were introduced by Supervisors Holly ...
CONTINUE READINGIf not Berkeley, where?
Court order freezing UC Berkeley enrollment raises critical questions about how California provides for equitable growth in the state
This is my final post on the CEQA litigation over UC Berkeley enrollment. For earlier posts, see here (providing background information), here (discussing the implications of considering enrollment decisions to be within the scope of CEQA), and here (discussing whether to expand CEQA to cover socioeconomic impacts). In this final post, I want to explore the policy implications of the court’s decision in this case. The superior court’s remedy in this case is what r...
CONTINUE READINGWelcoming New Fellows to the Emmett Institute
This month, the Emmett Institute is excited to welcome three new fellows to our program: Daniel Carpenter-Gold, Heather Dadashi, and Andria So. Our fellows serve in limited-term academic appointments at UCLA Law to support our research, teaching, and public service initiatives. Our new fellows join Beth Kent, Emmett/Frankel Fellow in Environmental Law and Policy for 2020-22. - Daniel Carpenter-Gold joins us as a Shapiro Fellow in Environmental Law and Policy for 202...
CONTINUE READINGWhen Agencies Fail
Lives can be lost when agencies fall down on the job.
What happens when agencies fail in their jobs? People can die. The most dramatic example is the opioid crisis, in which a whole series of state and federal agencies fell short. The result has been hundreds of thousands of deaths. The FDA was one of the prime culprits. It bought into a myth, carefully cultivated by the drug industry, that opioids were needed to treat an “epidemic” of chronic pain, with little likelihood of addiction when prescribed by doctors. ...
CONTINUE READINGCEQA and socioeconomic impacts
Why expanding CEQA to cover socioeconomic impacts might harm equity goals
Today I continue my series of blog posts on the CEQA lawsuit over UC Berkeley’s enrollment. My first post provided an introduction to the case and its background; my second post examined the risks of expanding environmental review to small-scale, individual decisions like the enrollment decisions at issue in this case. Today’s post will address the second major issue, addressed in the superior court opinion, examining whether UC Berkeley adequately analyzed the impac...
CONTINUE READINGWhat is a project?
Is admitting a student to a university the kind of project requiring CEQA analysis?
Yesterday, I introduced the CEQA lawsuits over UC Berkeley’s expanding enrollment and its potential impacts on the surrounding neighbor. Today, in my second post, I want to explore the implications of applying environmental review statutes such as CEQA to individual, small-scale decisions like university enrollment. The legal question at issue in the case was whether a university’s enrollment decisions – separate from any decisions about physical plant – are s...
CONTINUE READINGCEQA and UC Berkeley’s Enrollment
A recent court order freezing UC Berkeley enrollment highlights key issues in CEQA
A recent court order, freezing UC Berkeley’s student enrollment at 2021-22 levels, has earned some press attention and notoriety. Commentators on Twitter have accused the lead plaintiffs (residents in the Berkeley area) of being exclusionary NIMBYs. The court’s decision was premised on violations by UC Berkeley of the California Environmental Quality Act (CEQA), a law that has long been a lightning rod for controversy in the state. In this series of blog posts, I wan...
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