Region: National
More great environmental and energy law scholarship
Some of the best articles in the field from 2016-17
Some of our readers may be interested in what is happening in environmental and energy legal scholarship. So I thought I’d post again (I also did this in 2016) about the Land Use & Environment Law Review, which is Thomson Reuters/West Publishing’s peer-selected annual compendium of significant legal scholarship in land use and environmental law. …
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CONTINUE READINGBattle for the Senate: The Lone Star State
Is Texas in play? The environmental stakes are high.
Texas is a late addition to my list of key Senate races. It’s still not clear how genuinely Texas is in play, but it’s surprising that we’re even asking the question. Here’s what we know about the candidates and the environment. Ted Cruz (R). Cruz managed to get a 0% score from the League of Conservation …
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CONTINUE READINGTrump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California
Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …
CONTINUE READINGWildfires: Managing the Risks
How can we limit the spread of wildfires and save people and property?
Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies. We …
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CONTINUE READING“What stands in the way becomes the way.”
Using current climate policies to address future political barriers to more stringent policy
Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies. (See coverage here for Canada, and here for Australia.) Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two …
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CONTINUE READINGProgressive Regulatory Reform
Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?
Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is …
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CONTINUE READINGBurning in the Heat
Wildfires were bad enough already. Climate change is making them worse.
Fires have been unusually severe lately. According to one scientist, “’[I]n the late 20th and early 21st century, with these hot droughts, fires are ripping now with a severity and ferocity that’s unprecedented,’ says Tom Swetnam. . . . A fire in the Jemez Mountains Swetnam studies burned 40,000 acres in 12 hours, a ‘horizontal …
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CONTINUE READINGGuest Bloggers Jennifer Garlock and Michelle Melton: California Enacts Law to Reduce Greenhouse Gas Emissions from Ride-Hailing Companies
Governor Brown Signs SB 1014, Allowing Innovative Approaches to Emissions Reduction
As part of its broader efforts to tackle climate change, California has set its sights on a new, and fast-growing, source of greenhouse gas (GHG) emissions: ride-hailing companies like Uber and Lyft. On September 13, Governor Brown signed SB 1014, making California the first U.S. jurisdiction to require that ride-hailing companies—also known as transportation network …
CONTINUE READINGSpreading Like Wildfire
They don’t get as much attention as floods or earthquakes, but wildfires are deadly serious.
This is the first of a three-part series about wildfires. Massive wildfires are a growing problem, posing risks to people and the environment. Considering that my house is located only a few miles from the 1991 Oakland Hills fire, which killed 25 people, destroyed 2800 homes, and caused $1.8 billion in damage, this is an …
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CONTINUE READINGHigh-Stakes Races in Florida
A Senate seat and the Governor’s Mansion are both in play.
Florida has not one but two races this year with national significance. One is the Senate race. The other is the Governor’s race. We all know why Senate races matter, especially this year when the Senate is so closely divided. A gubernatorial race, in contrast, normally would be considered mostly a local matter. But there …
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