July Fourth at Mt. Rushmore: What about the “unalienable rights” of the Lakota?
In the limbo game of the 45th presidency: no matter how far the bar descends, Trump clears it by going under. Just two weeks after political furor over a planned Juneteenth support rally in Tulsa, Oklahoma—site of the 1921 Race Massacre, in which white mobs killed up to 300 Black people in 48 hours, and burned or looted some 1,500 homes—Trump found a way to go still lower. He celebrated Independence Day in the Black Hills of South Dakota, on land properly occupie...
CONTINUE READINGCalifornia Appellate Court Upholds Water Board’s Broad Drought Response Authority
Court of Appeal Rejects Water Users' Legal Challenge to Board's Emergency Regulations, Temporary Curtailment Orders
California's Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board's temporary emergency drought response regulations--enacted in 2014-15--as well as related curtailment orders the Board issued to specific water users to implement those regulations. In doing so, the Water Board rejected a legal challenge agricultural water users brought against the Board seeking to elevate private water rights over other interests--lik...
CONTINUE READINGCalifornia’s Spiking Coronavirus Cases
Clearly, it's not just increased testing. We have a real problem.
The number of reported COVID-19 cases in California has risen dramatically. What's going on, and what should be done about it? The situation has changed so rapidly that I've had to rewrite this story repeatedly since I began work on it last week. Early Last Week When I started work on the story a week ago, state public health officials attributed the problem to increased testing rather than a resurgence of the disease. That was probably true for at least part of ...
CONTINUE READINGThe Danger of Climate Change Deadlines
Essential targets set by some of the world's leading climate scientists and policymakers just passed. Now what?
Seven prominent figures in the global climate change policy discourse published an opinion essay in Nature. In “Three years to safeguard our climate,” they set a deadline for key targets to be met in order to stay on track to meet the Paris Agreement’s global warming goals. The notable thing is that the essay was published three years ago this week: The year 2020 is crucially important for another reason, one that has more to do with physics than politics. … sho...
CONTINUE READINGNew Report: A Cleaner, More Resilient Electrical Grid for California
California’s electrical grid is at the center of our fight against climate change, with aggressive goals to decarbonize through renewable energy. But the grid is at risk as climate impacts become more severe, particularly from worsening wildfires. To help modernize the grid to be cleaner and more resilient, the state will need deployment of clean technologies such as distributed renewable generation, microgrids, energy storage, building energy management, and vehicle-g...
CONTINUE READINGD.C. and Puerto Rico are not the same.
Blanket calls for D.C. and Puerto Rico statehood miss a critical difference: D.C. is the American capital. Puerto Rico is an American colony.
“D.C. and Puerto Rico should be states. Pass it on.” With passage of the D.C. statehood bill in the House of Representatives last Friday, variations on this statement have been gaining traction as a liberal rallying cry. Because they are not states, neither D.C. nor Puerto Rico have voting representation in Congress. The votes of Puerto Rico's 3.2 million citizens also do not count in U.S. presidential elections (thanks to a constitutional amendment, D.C. citizens...
CONTINUE READINGDespite Trump
Climate action outside DC is far broader and deeper than when he took office.
Trump remains a grave threat to climate action and to the planet at large. But there actually has been significant progress on climate policy despite him. Not so much in DC, of course. But outside the Beltway, climate policy has widened and deepened. At the state level, there has been a barrage of climate activity. Some states were active before Trump’s election. They have redoubled their efforts since he took office. For instance, in 2018, California enacte...
CONTINUE READINGOn This Date in History: Property Rights Won Big in the Supreme Court
June 29, 1992 was a great day for property rights advocates. But what came later wasn't so good.
On this date in 1992, the property rights movement achieved its greatest victory in the form of the Supreme Court’s Lucas ruling. The campaign to protect property rights seemed to have huge momentum. But things didn’t work out that way. For property rights advocates, Lucas turned out to be a false dawn. Mr. Lucas owned land on a barrier island off the South Carolina coast. Alarmed by the risks of building on such vulnerable areas, the South Carolina passed a l...
CONTINUE READINGFancy Dancing on the Appalachian Trail
How to Use Textualism to Evade Statutory Texts
The Supreme Court’s decision in Cowpasture case allows gas pipelines to cross the Appalachian trial. The ruling didn’t get much attention because of its timing. It came down the same day as Bostock, which outlawed employment discrimination against gays and transsexuals. Bostock featured a big battle over the meaning of textualism. But Cowpasture was also a case about textualism. The opinion was written by uber-textualist Clarence Thomas. The statutory text was a...
CONTINUE READINGTrump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers
U.S. Court of Appeals Rules Unconstitutional Trump Administration's Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction
Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration's attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense. The Trump Administration did so in order to finance President Trump's proposed, controversial border wall at a level Congress had expressly declined to approve. That diversion, ruled the appellate court, violates the Appropriations Clause of the U.S. Con...
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