Resuscitating Obama’s Environmental Legacy
Trump has had a single-minded focus on eliminating any traces of Obama's presidency. But it's not too late to turn the tide.
We've now had nearly four years of Trump's all-out war on environmental protection. Trump has single-mindedly tried to wipe out every trace of Obama's legacy. It's time to see what’s left of Obama’s achievements. And what could a new President do to revive his legacy? In a Legal Planet post a week before the last Presidential election, I compiled a list of Obama’s environmental achievements. I added, “We can only hope that next Tuesday’s election doesn...
CONTINUE READINGCoastal Beaches, Public Access & the Pandemic
Important Legal & Policy Considerations in Closing Beaches to Protect Public Health
As part of America's steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue. It's especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public health-based mandates to stay home and away from popular recreational areas, in...
CONTINUE READINGThe World Leader Who is Far Worse Than Trump
Take everything Trump did wrong about the virus. Then square it. That’s Bolsonaro.
Yes, Trump made huge mistakes in the coronavirus outbreak. But no, he’s not the worst world leader in this respect. That prize currently goes to Brazil’s Jair Bolsonaro. Like Trump, he’s a rightwing populist leader. He’s even been called “the Trump of the Tropics.” But he’s far more unmoored. When asked about Brazil's record number of deaths on Tuesday, he shrugged in reply, "So what? I'm sorry. What do you want to do?" Not that Trump has been a pa...
CONTINUE READINGConservatives versus Lockdowns
Conservatives versus Lockdowns
Spurred on by conservative groups, protesters are demanding that their states go back to business as usual. This sentiment isn’t limited to the kinds of hotheads who insist on congregating in public during an epidemic, or even to conservatives like Betsy DeVos who help to fund these groups and promote their protests. It also includes other, more sober, conservative commentators. It’s important to understand the reasons for this pushback, which are not unlike th...
CONTINUE READINGNegative Emissions: The Next Bright Shiny Object in Greenhouse-Gas Emissions Reductions
In ongoing debate over how to slow and stop climate change, the past year or so has seen a large shift of attention and interest toward technological options to remove CO2 from the atmosphere after it is emitted – options generally lumped under the headings “Carbon dioxide removal” (CDR) or “negative emissions technologies” (NETs). These terms cover a highly diverse collection of a dozen-odd removal approaches, which differ both in the mechanism by which the...
CONTINUE READINGRoadmap For California To Phase Out Oil & Gas Production
New CLEE report released today with legal options for state policy makers & free May 12th webinar
California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly for disadvantaged communities in areas where much of the state’s drilling occurs. As a resu...
CONTINUE READINGAsserting “Climate Necessity” in Defense of Civil Disobedience
Giving climate change activists a fair hearing in court
The first Earth Day, fifty years ago, was a product and catalyst of political movements that established bedrock environmental laws in the United States. Without decades of political activism, there would be no Clean Air Act, Clean Water Act, or Endangered Species Act, nor would there be vigorous enforcement regimes to carry these laws out. We owe thanks for today’s cleaner water and clearer air in part to the countless activists who have taken to the streets, pres...
CONTINUE READINGGrid Experts Weigh In on the Clean Power Plan Repeal and ACE Rule
UCLA Emmett faculty share expert voices in an amicus brief filed last week in the D.C. Circuit
Among the many Trump Administration rollbacks of climate regulation, a big one is its decision to repeal the Clean Power Plan and to replace it with a rule that does almost nothing to reduce carbon dioxide emissions from fossil-fuel-fired power plants. The electricity sector has made significant progress in reducing climate pollution recent years, but remains a challenge: In 2018, the power sector emitted a quarter of all U.S. greenhouse gas emissions. Watering down fede...
CONTINUE READINGCOVID and Climate Change
Immediate emissions reductions, and durable ones
Many commenters on the pandemic response have noted the supposed silver lining that as travel, commerce, other economic activity have dropped, so too have the associated burdens on the environment. The air is clean, wild animals are roaming in cities – and there have been substantial, not huge, reductions in the emissions of CO2 and other greenhouse gases that are driving climate change. The data come in slowly, but various early estimates have found emissions down b...
CONTINUE READINGRed States, Blue Governors
Democratic governors in deep red states can only do so much.
Democrats flipped a number of statehouses in the past two years. In some of those states, the new governors have faced GOP legislatures. Their travails indicate some of the limits of what a new President could accomplish with a GOP Senate. North Carolina, Wisconsin, and Kansas are three cases in point. I want to ask two key questions about these states: How much have these governors been able to accomplish in the way of climate policy? How well have they...
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