Region: National
Unanswered Questions About Cost-Benefit Analysis
We have only fragmentary evidnece about how CBA actually functions in government decision-making.
Considering that people have been debating cost-benefit analysis at least since Reagan mandated its use in 1981, you would think we would have the answers to some basic questions about how it works. Yet we have very fragmentary information, generally based on the perspevtives of people at the agencies or in the White House Office …
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CONTINUE READINGHR 9: The First Climate Bill to Pass the House In a Decade
What you need to know about the bill.
Last Thursday, for the first time in a decade, the House of Representatives passed a climate change bill. HR 9, the Climate Action Now Act, passed on a vote of 231-190. The heart of HR 9 is section 3, which blocks the use of any federal funds to withdraw from the Paris Agreement. Section 4 …
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CONTINUE READINGGroundwater Recharge in the SGMA Era
California clarifies beneficial use guidelines for recharge projects addressing SGMA undesirable results
Implementation of the Sustainable Groundwater Management Act (SGMA) was always going to be tricky. Part of the necessary growing pains of SGMA is determining how the revolutionary statute interacts with traditional tenets of water law. As with any other sweeping legislative change, SGMA does not provide direct answers for every practical question which arises as …
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CONTINUE READINGIs Socialism Good for the Environment?
The answer is: “Sometimes yes, sometimes not so much.”
Some of the people who are most fervent about the environment these days describe themselves as socialists. But is socialism actually a good thing for the environment? That seems like a significant question in a political context where people on both sides are throwing around the word “socialist” so much, so I decided to see …
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CONTINUE READINGGood News from the States: April 2019 Roundup
While the Feds backpedal, the states move forward on clean energy.
Every day seems to bring more news of the Trump Administration’s dogged efforts to reduce environmental protections and accelerate climate change with increased carbon emissions. But, as has been true since Trump took office, the picture at the state level is much different. State governments across the country have accelerated their efforts to decarbonize, while …
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CONTINUE READINGEmmett Institute Faculty Publications Selected Among Top Five Articles in Environmental Law in 2018
Editors of the definitive annual compilation of the most significant scholarly articles in environmental law have selected articles by Emmett Institute faculty members Ann Carlson and Jim Salzman for their 2018 edition. The Land Use and Environmental Law Review selects the top five articles each year through a peer review process. Ann Carlson’s article in …
CONTINUE READINGClimate Change & the Democratic Candidates
The candidates are all in favor of climate action but there are significant variations in their stances.
It’s hard to keep track of the twenty or so Democrats who are in the running for the 2020 presidential nomination. The differences between them on climate policy are minor compared with the gulf between them and President Trump. All of them support the Paris Agreement, unlike Trump. And all of them vow to restore …
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CONTINUE READINGCalifornia groundwater management, science-policy interfaces, and the legacies of artificial legal distinctions
By Dave Owen and Michael Kiparsky
One of the many noteworthy features of California’s Sustainable Groundwater Management Act (SGMA) is that it requires local government agencies to consider and address the effects of groundwater management upon interconnected surface water. That requirement is an important step towards rationalizing California water management, which has long treated groundwater and surface water as separate resources. …
CONTINUE READINGThe Trajectory of Environmental Law Scholarship: 1975-2018
The volume of scholarship has swelled, as attention has turned to climate and renewable energy.
Over the time I’ve been following environmental law, there’s been a dramatic increase in the amount of scholarship in the field. Back in 2011, I did a search of the Westlaw “Journals and Law Reviews” database for (“environmental regulation” “air pollution” “water pollution” “endangered species”) with date restrictions. Although this search is only an approximation, I figured …
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CONTINUE READINGTrump’s Campaign to Gag Activist Shareholders
His recent executive order tries to “protect” oil companiy management from smart climate planning.
Exxon management was not pleased when shareholders forced them to produce a report on how climate change would impact their business. In May, Exxon is facing another shareholder vote on whether to form a climate change committee on the Board of Directors and whether to disclose how sea level rise will impact its investments on the …
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