Region: National
Survey: What Are The Most Important Cases for Environmental Law?
I am writing to invite you to participate in a survey that I trust you will find interesting and fun. In 1999 and 2009, JB Ruhl (Vanderbilt Law School) and I surveyed environmental law practitioners and academics about which Supreme Court cases they thought were the most important to our field. The 1999 results were published in ABA’s Natural Resources …
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CONTINUE READINGMajor Policy Attacks on California’s Low Carbon Fuel Standard and Why They’re Off-Target
Second in a Series About California’s Low Carbon Fuel Standard Program
[Post co-authored by Ted Parson and Sean Hecht] In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. Because it’s a prominent and ambitious policy that will reduce California’s reliance on petroleum-based transport fuels, it is unsurprising the Low-Carbon Fuel Standard has …
CONTINUE READINGElection Scenarios
Here are three ways things could play out from now to 2020.
We should know within the next 48 hours who will control the House and Senate, though if races are very tight it might take longer. I don’t want to make election predictions — that’s Nate Silver’s job, not mine. But I do want to sketch out some scenarios for the next two years, depending on …
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CONTINUE READINGTen Reasons Why (the Midterms Matter)
Whatever happens on Nov. 6 will have a big environmental impact.
We’re less than a month from election day, which will help shape the future of environmental protection. Because the parties are so polarized now, partisan control in Congress or the states translates into movement toward further regulation or deregulation, depending on which party is in the ascendancy. Here are ten reasons why you should care …
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CONTINUE READINGObama-Era Vehicle GHG Emission Standards Critical for Californians and Consumers
Berkeley Environmental Law Clinic’s Comments on the SAFE Vehicles Rule
On Friday, the comment period closed on EPA’s proposed “Safer Affordable Fuel-Efficient Vehicles (SAFE) Rule.” The rule would roll back Obama-era vehicle GHG emissions standards and rescind California’s preemption waiver, which allows the state to maintain its own standards. 83 Fed. Reg. 42986 (Aug. 24, 2018). The UC Berkeley Environmental Law Clinic (ELC) submitted two …
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CONTINUE READINGNegative Greenhouse Gas Emissions, the National Academies, and the Law
What does the scaling-up of negative emissions technologies for environmental law?
In my previous posts , I described how most emissions scenarios that are expected to keep warming within 2 or 1.5°C rely on negative emissions technologies (NETs) at large scales and how the new report from the Intergovernmental Panel on Climate Change addresses NETs (as well as how solar geoengineering could offer an additional means to …
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CONTINUE READINGPolitics, the Environment, and the Rural/Urban Divide
Rural areas have been home to regulatory skeptics. But there may be ways of changing that.
Is there an urban/rural split in America? Definitely so, in politics, demography, and economics — and on the environment. Consider this, from Dan Balz at the Washington Post: “in the 2,332 counties that make up small-town and rural America, [Trump] swamped his Democratic rival, winning 60 percent of the vote to Clinton’s 34 percent.” But Balz reports …
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CONTINUE READINGStates Rally Around Renewables
States have ignored Trump to promote clean energy within their borders.
CLEE published a survey of state energy policies through 2017. The trend toward renewables has continued in 2018. Even after nearly two years of the Trump Presidency, states haven’t given up. Instead, they’re moving forward aggressively. If anything, Trump seems to have stimulated these states to try even harder. Here’s a quick rundown of what’s …
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CONTINUE READINGOn the future of climate policy
A response to William Nordhaus’s comments about how essential carbon taxes are to addressing climate change
William Nordhaus recently (and deservedly) won the Nobel Prize for Economics for his work on the economic implications of climate change and policies to respond to climate change. In the press coverage after the award, some comments were attributed to Nordhaus that I think are important to consider in more depth – in part because …
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CONTINUE READINGLand Use Planning, Transit, and the Dodgers: The Legal Planet World Series Special
Stop the Myths About Evil Walter O’Malley
Since the World Series starts in a few hours, I fully expect the standard kvetchers to come out of the woodwork and complain about Los Angeles stealing the Dodgers from Brooklyn, etc. Peter Golenbock, in Bums: An Oral History of the Brooklyn Dodgers, compares O’Malley to Hitler and Stalin. Nonsense. It is time to set …
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