The Need for Enhanced and Meaningful Confidentiality in Tribal Cultural Resource Protection
For Indigenous Peoples, the forced removal from ancestral lands coupled with the Western commodification of human remains and ceremonial objects has resulted in a devastating and ongoing loss of cultural resources. This loss includes both tangible resources and landscapes as well as intangible traditional knowledge. During the pursuit of cultural resource protection, tribes are compelled to reveal an extraordinary amount of sensitive information. The UCLA Law Tribal Lega...
CONTINUE READINGWhat to Be Thankful For (2021 edition)
Here's the one thing environmentalists should be most thankful for this year.
If there is a single thing for environmentalists to be thankful for this year, it is simply this: the virulently anti-environmental Donald Trump is no longer in the White House. My Thanksgiving post last year began, “Nearly four years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a new attack on the environment." Five years ago, in the aftermath of the 2016 election, the picture seemed even worse: “These are dark...
CONTINUE READINGWhat’s in the Reconciliation Bill?
The House takes an important step toward transforming the energy system
Last Friday, the House passed its version of the Build Back Better Act. Due to a quirk in parliamentary procedure, the Senate will be able to consider the $1.7 trillion bill under the “reconciliation” process, which means no filibuster is allowed. It remains unclear whether anyone can wrangle all fifty Senators into supporting some version of the House bill. In the meantime, however, it’s worth asking what’s in the bill. Only fiscal measures (basically taxes, ...
CONTINUE READINGFive Reasons Why Juliana Stumbled
The legal deck was stacked against the “children’s lawsuit.”
Juliana has been a valiant effort by a group of young people to force the federal government to plan for stringent reductions in U.S. carbon emissions. As I wrote in a previous post, several well-regarded foreign courts have upheld claims that are similar in concept to the Juliana case. The U.S. legal system, however, provided a less hospitable setting. Although the case is still being considered on remand by the District Court, the Supreme Court has already signaled i...
CONTINUE READINGBold Climate Rulings Beyond Our Borders
Courts in other Western countries are stepping up to the climate challenge.
The atmosphere for climate litigation in our Supreme Court is decidedly chilly. Some of its peers in other countries have taken a much different approach. US lawyers tend to be inward focused, adept at understanding our own legal system but largely unaware of developments elsewhere. Here, I want to briefly summarize some key rulings. Germany. In a pathbreaking opinion, the German Constitutional Court ordered the government to adopt much stricter emissions target...
CONTINUE READINGAggregating the Harms of Fossil Fuels
They’re even worse than you probably thought.
The decision at the Glasgow climate conference to phase down fossil fuels is an important step forward -- and not just because of climate change. We think of fossil fuels as a source of climate change, but that's only a one part of the problem. From their extraction to their combustion, everything about them is destructive to the environment and human health Our system of environmental regulation divides up regulation of a single substance based on each of its envir...
CONTINUE READINGMaking Sense of the US-China Joint Glasgow Declaration
One small step for climate action, one modest leap for US-China relations
Yesterday, China and the US announced a “Joint Glasgow Declaration on Enhancing Climate Action in the 2020s” (En/Ch) What to make of it? The short answer is that it only offers slight forward progress on climate action. Increased climate ambition from China and US in the short-term remains the critical metric and in this regard the agreement does not make much of a breakthrough. It embodies mostly potential. But the very fact that the two countries were willing to ...
CONTINUE READINGClimate Change in the Law School Curriculum
What role will the subject play in the curriculum of the future?
Someone asked me recently what I thought law schools should be teaching about climate change. Naturally, my first reaction is that everyone everywhere needs to put climate change at the top of their agenda. As usually happens, when I got past that gut reaction, things got more complicated. There are many important societal issues that don’t get high priority in law school, such as the availability of health care or public health law. The basic reason is that relat...
CONTINUE READINGThe Fuss about Methane
Part 1: Science and weird facts
Methane is getting a lot of attention in climate debates. There was even a “Methane Day” last Tuesday at the climate conference in Glasgow. Several new regulations controlling methane emissions have been adopted recently, including two new rules for the US oil and gas sector announced last week. There’s a new informal international agreement to limit methane emissions, and a still-unresolved effort to put a charge on methane emissions into the forthcoming reconcili...
CONTINUE READINGThe Climate Bill inside the Infrastructure Bill
The US takes a major step forward on the path to carbon neutrality.
Late Friday, the House passed Biden’s infrastructure bill. As the Washington Post aptly observed, the bill is the biggest climate legislation to ever move through Congress. It also attracted key support from some Republicans, which was essential to passing it in both houses of Congress. Biden is pushing for an even bigger companion bill, but the infrastructure bill is a huge victory in its own right. One major area of spending is transportation. Some of that goes fo...
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