Geoengineering: Ready for its Close-up?
After long being marginalized in climate debates, geoengineering is experiencing a surge in attention -- which carries both opportunities and risks.
If you’re a long-time Legal Planet reader, you may have noticed that I weigh in once a year or so to say that geoengineering – active engineered response to global climate change – is going to get prominent, and intensely contentious, soon. Geoengineering? Before continuing, we need a brief aside about names. Even what to call it is contested and shifting. In addition to geoengineering, people call it climate engineering, climate remediation, more recently clima...
CONTINUE READINGAdvancing Park Equity in Los Angeles
Investing in urban green space can improve public health and environmental conditions in Los Angeles’ underserved communities, while strengthening the environmental movement by inspiring people to become environmental stewards.
UCLA Law launched its first-ever Public Service Challenge this week, and the Emmett Institute is sponsoring two of the Challenge’s projects: a local garden cleanup with the Los Angeles Neighborhood Land Trust and phone banking with the Environmental Voter Project. Both projects provide the UCLA Law Community with the opportunity to support organizations that are fighting for a more sustainable future—both locally and nationally. Access to green space produces a ho...
CONTINUE READINGShort and Simple Climate Legislation
With a few sentences, Congress could do a lot to fix the law.
The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business. But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still highly significant actions. Such a law would also void some of Trump's most important rollbacks. All it would take would be four or fiv...
CONTINUE READINGClimate Policymaking in the Shadow of the Supreme Court
Amy Coney Barrett could shift how the Supreme Court approaches environmental regulations. Policymakers should prepare accordingly
By Ann Carlson, Amelia Keyes, Ben Harris and Dallas Burtraw (Cross-posted at Resources for The Future's blog The confirmation of Amy Coney Barrett to fill the seat left by the late Justice Ruth Bader Ginsburg has catapulted the Supreme Court back onto the front pages of newspapers around the country. Though press attention has focused on abortion, same sex marriage, healthcare policy, and the outcome of the presidential election, the shift in the Court’s...
CONTINUE READINGDown to the Wire: The Battle for the Senate
Control of the Senate will matter tremendously, regardless of who’s in the White House.
According to political forecaster Cook Political, "Suddenly, nearly anything is possible in the Senate races." After yesterday's vote to confirm Amy Barrett, I probably don't need to tell you how important Senate control is. In the next session of Congress, control of the Senate will determine the environmental views of new judges and whether any environmental legislation can pass. These Senate races will determine the shape of American policy until at least 2023. Democr...
CONTINUE READING“The Gaffe”
Will Democrats pay a price for Biden's "inconvenient truth" about the future of oil?
Although no one seemed to notice it while the debate was underway, political commentators are now abuzz about a “gaffe” by Biden about the future of gas and oil. Other aspects of the final presidential debate were covered in Cara Horowitz’s insightful post on Friday. I want to hone in on “the gaffe” in this post. Here’s the crux of what Biden said, from the debate transcript: Biden: I would transition from the oil industry. Yes. * * * Biden: Wel...
CONTINUE READING5 Takeaways from the Climate Section of the Presidential Debate
The fumes! The tiny windows!
Last night's Presidential debate was the first in many years to feature an announced climate section. Having sat with the questions and answers for a bit, here are my top 5 takeaways. 5) The discussion came really late in the game, saved till the last few minutes of the final debate between these candidates. Before moderator Kristen Welker transitioned to the issue, the climate Twitterverse began losing hope that any debate time at all would be saved for the promise...
CONTINUE READINGTrump and Fossil Fuels
How much has Trump helped fossil fuel production? Not as much as he probably thinks. But enough to make climate change worse.
Trump has a single energy policy: expand production and use of fossil fuels. That also dictates his environmental policy, which is to eliminate any regulation that might get in the way. How much effect has his love affair of fossil fuels had? Short answer: not as much he thinks, but more than environmentalists would like. As I wrote in August, he’s had no luck at all with coal. This year is abnormal because of the pandemic, but even after a hoped-for recovery ...
CONTINUE READINGTaming Textualism: A Guide for Environmental Lawyers
How to Argue Cases to Conservative Judges
Textualism is the dominant method of interpreting statutes among conservative judges. It purports to base interpretation on the “ordinary meaning” of the statutory language. This approach ignores traditional tools of statutory interpretation like considering what was actually said in Congress. Ignoring what Congress actually intended seems odd to me. Still, lawyers have to make arguments to the judges we have, not those we wish we had. Fortunately, textualism is an...
CONTINUE READINGWhat’s At Stake
Here’s a quick crib sheet on the climate change and the election
Here’s a quick reminder about the environmental stakes in the election. I’ve tried to stick with the facts here -- you're free to decide which way the cut. ISSUE TRUMP BIDEN Problem of climate change " I don't know that it's man-made... I don't wanna give trillions and trillions of dollars." Biden “has long appreciated the enormity of climate change and has always believed that we have a moral and economic imperative to address it.” ...
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