Suing Big Oil
Which court has jurisdiction? State court or federal?
Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they want the industry to reimburse them for expenses relating to climate change. Even in state courts, they will have a lot of barriers to overcome, but at le...
CONTINUE READINGNinth Circuit Hands California Local Governments Big Climate Change Win
Local Governments' Climate Change Lawsuits Against Big Energy Belong in State Courts, Court of Appeals Rules
Today the U.S. Court of Appeals for the Ninth Circuit handed numerous California local governments a major win over major oil, gas and coal companies in several of the nation's most consequential set of climate change lawsuits. The Ninth Circuit did so in two separate opinions; County of San Mateo v. Chevron Corporation and City of Oakland v. BP PLC. The decisions were procedural rulings rather than substantive in nature. But they were nonetheless critically ...
CONTINUE READINGDay In/Day Out, Our Continuing Troubles
Some things are episodic. Others just go on and on. And on.
You might think a massive disease outbreak or skyrocketing unemployment would make our other troubles come to a halt or at least slow down. But no, not so much. Here are a dozen examples of things that refuse to stop, regardless of the day of the week, the presence of an epidemic, or a collapsing economy: Greenhouse Gases. Day in, day out, regardless of pandemics, wars, or national holidays, GHGs keep trapping heat. The most important GHG, CO2, can remain in th...
CONTINUE READINGWhat’s in a Name?
“Climate change”? “Disruption”? “Crisis”? “Emergency”? Why is this so hard?
We seem to have a lot of trouble in coming up with the right name for what’s happening to the world’s climate. We started with “Global Warming.” But that seemed too narrow, because the changes don’t just relate to temperature, and too innocuous, because warming seems like a gentle process. So scientists shifted to “Climate Change.” That’s accurate but doesn’t say much about what’s changing, in what direction, and why it might be a problem. More re...
CONTINUE READINGNetworks of Misinformation
How Anti-Public Health Messages and Activities Spread
Like a virus, misinformation can spread within a population. It has its super-spreaders, just like the coronavirus. It can mutate in ways that make it more contagious. And it can be weaponized. Research into networks of coronavirus-related communication has revealed how both true and false information spread through social media . Misinformation can spread like wildfire. Too often, antidotes to misinformation spread more slowly and only within subpopulations. The c...
CONTINUE READINGGuest Contributors Helen Kang and Deborah Sivas: California Should Lead the Nation in Controlling Agricultural Pollution
Protection of Drinking Water and Environmental Quality Demands Strong Action
Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public health in communities that rely on tainted groundwater. In California alone, more than a quarter million residents i...
CONTINUE READINGUsing and Abusing Models: Lessons from COVID-19
We've seen some great examples of how NOT to deal with models.
Models have figured heavily in government responses to the coronavirus. This has given us the opportunity for a real-time lesson in the uses of models. In the process, we’ve learned some important lessons in how to best make use of models — and equally importantly, in how not to use them. That’s directly relevant to environmental regulation. We rely on models in environmental law for many purposes: predicting how carbon emissions will impact climate, determin...
CONTINUE READINGWhat’s the Matter With Bill de Blasio?
The Progressive-Leaning Democrat has more in common with Donald Trump than you might think.
Willful bungling of the coronavirus crisis cuts across ideologies and political parties. That’s the lesson that we learn from the story of Bill de Blasio. He is very different, across many different dimensions, than Donald Trump. But it turns out that he shares something important with Trump: a tendency to place personality over expertise. De Blasio's initial reaction to the coronavirus was a lot more Donald Trump than Jay Inslee. Washington State Governor Inslee ...
CONTINUE READING100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule
EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science
Today, on behalf of 100 environmental and administrative law professors affiliated with 70 universities in 33 states and the District of Columbia, Sean Hecht and I filed a comment letter urging EPA to withdraw its updated proposal to limit the use of science in agency decisionmaking processes, misleadingly named the “Strengthening Transparency in Science” rule. Under the auspices of promoting increased transparency, the proposed rule would make sweeping changes to...
CONTINUE READINGClimate Change in the General Election
How much talk about climate are we likely to hear?
Climate change has surfaced as an issue in the Democratic primaries much more than it has in past elections. What’s likely to happen in the general election? Start with Trump. Given his freeform speaking style, he’s likely to at least touch on climate change and fossil fuels from time to time. The question is how much time he devotes to the subject and what tack he takes. At present, it looks the election will be fought out in Wisconsin, Michigan, and Pennsylvania...
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