Tackling Agricultural Methane: An Overview of the Science
Promising strategies and technologies to address an urgent climate priority
(This post was authored by Eric Peshkin, a JD candidate at NYU School of Law and CLEE summer research assistant) Agricultural greenhouse gas (GHG) emissions from the raising of livestock and growth of crops for human consumption represent 14% of global GHG emissions. Methane (CH4) is a central GHG generated during agricultural production (via microbial methanogenesis, a process which occurs under anaerobic conditions such as those of the rumen of some livestock, flood...
CONTINUE READINGDisaster Mismanagement
12 Lessons from the COVID response in how NOT to manage a crisis.
The Trump Administration’s bungling of the coronavirus pandemic surely should feature in management textbooks. Just about everything that could go wrong, did go wrong. Some of the problems derived from having a top manager who was fundamentally indifferent and seemingly incapable of grasping basic facts. But other problems were due to inability to manage the organizational response. There are now several books about the pandemic response, of which Nightmare Sce...
CONTINUE READINGCalifornia’s Recall Election Has Serious Climate and Environmental Implications
A new governor wouldn't disrupt core mandates but could redirect spending and priorities
(Many thanks to my colleagues Ken Alex, Louise Bedsworth, Jordan Diamond, Nell Green Nylen, and Katie Segal for their contributions.) On September 14, California will hold a gubernatorial recall election to decide two questions: 1) whether to remove Governor Gavin Newsom from office; and if a majority of voters choose removal, 2) who will replace him. Recent polls indicate a very close race on Question 1. Talk show host Larry Elder, former gubernatorial candidate John...
CONTINUE READINGAnother Worrisome Signal from the Supreme Court
Phrases that should frighten environmentalists: “Shadow docket ” “Major questions doctrine”
Last Thursday, the Supreme Court struck down the CDC eviction moratorium in the Alabama Association of Realtors case. The case may seem far removed from environmental law, but it has some troubling implications for future EPA regulatory initiatives. The process used by the Supreme Court to intervene is as significant as the ruling itself. This ruling is an example of what Court watchers call the shadow docket. It used to be that the Supreme Court’s most important ru...
CONTINUE READINGScience article argues that conservation should be allowed to pay its own way on public lands
The law too often restricts resource rights on public lands to extraction activities and precludes conservation
The Bureau of Land Management (BLM) auction in February, 2016, for oil and gas drilling rights near Arches National Park was unremarkable. The high bidder, Tempest Exploration Co. LLC, paid $2,500 for the 1,120 acre lease by credit card and began paying annual rental fees. What soon did prove remarkable, though, was the revelation that the company had been created by the environmentalist, Terry Tempest Williams. She intended to keep the oil in the ground. BLM promptly ...
CONTINUE READINGEnvironmentalism and the Supreme Court
Some cases belong to the environmentalist legal canon, others to an anti-canon of reviled precedents.
Every field has its texts that form part of its intellectual canon, and others that form a kind of anti-canon of rejected ideas. The same is true in environmental law. The issue goes beyond which side wins. From the pro-environmental side of things, some Supreme Court rulings form guideposts to rely on, whereas others represent dangerous pitfalls to avoid. In reading over this list, it seems to me that there are two factors that determine how these cases get classif...
CONTINUE READINGWhat if someone just does it?
A scenario exercise on unauthorized use of solar geoengineering
Note: This post is co-authored with Jesse L. Reynolds, who recently completed an Emmett Institute Geoengineering Governance Fellowship As the climate crisis grows more urgent, unconventional technological responses are getting increased attention and controversy. We’ve written previously on Legal Planet about these technologies and their promise and risks. The most high-stakes and controversial of these is solar geoengineering, which would make the Earth a little more...
CONTINUE READINGWhat If We Succeed?
If we “beat” climate change, what will we have to show for it?
Suppose we bring climate change under control and deal with its fallout. What will have we achieved? We will have prevented great harm. That, of course, is the main goal. Untamed climate change means an dangerous, ugly future for all of us on “Spaceship Earth.” Preventing that future is surely enough of a reason to dedicate ourselves to the effort. I’m asking about something different, however: how will the world be better off than it would have been if climate ...
CONTINUE READINGSupervillains of the Enviro-Verse
🏴☠️ For your amusement: a rogues gallery of anti-Green villainy. 🏴☠️
Movements are defined as much by who and what they oppose as what they favor. To understand environmentalism, you have to know how it defines its opponents. Reality, of course, is always nuanced, but nuance isn’t much fun. Although I was originally going to provide a more serious treatment, I decided instead to have a little fun. It’s summer-movie time when Marvel Comics rules the big screen. I’m going to present these negative figures as if they were char...
CONTINUE READINGTop 10 Biggest Environmental Wins In California’s History
Ranking the victories that saved priceless landscapes and environmental features
California is generally known as an environmental leader, but the state has also faced tremendous environmental degradation and destruction. I chronicled my “top 10” worst environmental decisions in the state’s history last year. But what about the good things state policy makers have done? Here is my list of the most significant environmental wins in California since the state’s founding. To qualify, as with the last Top 10 list, the action had to preserve a ...
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