The evolving law of state protection of environmental resources on federal lands
Recent cases may expand the scope of states to protect environmental resources on federal public lands
One theme in environmental law and policy over the past two years has been an increasing conflict between states and the federal government – with a range of states (particularly those with Democratic governors and legislatures) challenging the federal government on environmental matters and seeking to be more aggressive in protecting the environment. One flashpoint for this conflict has been in the context of public lands, and there have been enough recent, importa...
CONTINUE READINGNew Report: Increasing Energy Efficiency at Low-Income Multifamily Properties
Join Berkeley/UCLA Law expert webinar Thursday at 10am to discuss top findings
As California moves aggressively to reduce greenhouse gas emissions from buildings, will the state leave behind its low-income residents? Many of these residents -- 40% of the state's population -- live in multifamily housing units and apartments, where they have limited access to in-home retrofits that could save them on their energy bills and reduce overall emissions. These retrofits require upfront capital that low-income tenants may lack, as well as approval an...
CONTINUE READINGGuest Bloggers Will Martin and Michael P. Vandenbergh: Can Private Environmental Governance Address Nationalism’s Threat To International Environmental Law?
As Some Nations Retreat From Internationalist Approaches to Transnational Environmental Challenges, Corporate Actions May Play a Larger Role
The withdrawal by Japan from the International Whaling Convention and its related Commission in December 2018 and the on-off threat by the new leader of Brazil to withdraw from the Paris Agreement on Climate Change are the latest signals that International Environmental Law (“IEL”) is under siege. The move by Japan and the possible withdrawal by Brazil follow on the heels of President Trump’s decision to withdraw the United States from the Paris Agreement and the e...
CONTINUE READINGThere Will Be No Global Environmental Constitution (at Least Not Now)
The proposed Global Pact for the Environment stumbles, as expected
In January, I asked in a blog post's title “Will There Be a Global Environmental Constitution?” and wrote that “some observers are concerned that international environmental law remains insufficient in its scope, depth of commitments, and breadth of participation. Some legal scholars, activists, and others advocate for a comprehensive Global Pact for the Environment.” In response, the UN General Assembly appointed an ad hoc working group to discuss possible opti...
CONTINUE READINGPutting the Squeeze on Coal
It’s not enough to eliminate coal-fired plants. We have to cut back on coal production and sale.
Coal use by American utilities has declined sharply and will continue to decline. But we shouldn’t focus solely on U.S. emissions. But the industry also exports coal, and there’s been a big surge in coal exports in the past two years, much of it involving India. So it’s not enough to curtail coal use in the U.S. We also need reduce coal production. There’s been progress in that direction, but we still have a long way to go. Coal production is down about 25% sin...
CONTINUE READINGUnderstanding the Green Energy Transition: A Conversation with David Spence about EnergyTradeoffs.com
UCLA Professor of Law and Legal Planet contributor William Boyd recently interviewed David Spence of the University of Texas School of Law about EnergyTradeoffs.com, a new web site that explores some under-discussed aspects of the green energy transition. BOYD: Tell me about EnergyTradeoffs.com. Why this web site and why now? SPENCE: EnergyTradeoffs.com is aimed at people who produce or read law and policy scholarship about the transition to a greener energy mi...
CONTINUE READINGPollution Bursts and Public Health
EPA needs to give much more serious thought to controlling bursts of pollution.
When a facility installs and operates the required pollution control equipment, we normally think of the pollution problem as solved. But there still may be bursts of pollution associated with start-up, shut-down, accidents or external events. A recent study of pollution in Texas shows that these events have substantial health impacts, involving significant deaths and overall costs of about a quarter billion dollars a year in that state. Ironically, the study comes o...
CONTINUE READINGFollow the Money (Again!): New Investment in the World Energy System Still Dominated by Fossil Fuels
It’s that time of year again. Last month, the International Energy Agency (IEA) released its annual World Energy Investment Report, providing a survey of investment trends in the global energy sector. If you want get a sense of where capital is going in the world energy system, this is one of the best sources out there. Not much has changed since last year (summarized in a previous blog post), which is bad news for the climate. As IEA Executive Director Fatih B...
CONTINUE READINGUpdates on the War on Science
The Trump Administration continues its campaign to suppress science.
The Trump Administration’s hostile attitude toward science has continued unabated. The Administration has used a triad of strategies: efforts to defund research, suppression of scientific findings, and embrace of fringe science. Budget.Administration continues to favor deep cuts in research support. Its initial 2020 budget proposal calls for a 13% cut to the National Science Foundation, a 12% cut at the National Institutes of Health and elimi...
CONTINUE READINGThe Surprising Mr. DeSantis
Florida’s GOP Governor proves unexpectedly pro-environmental.
There was little reason to expect much from Governor DeSantis. The GOP candidate for Governor was expected to be Adam Putnam, the Agriculture Commissioner. Instead, due to Trump’s personal intervention, Ron DeSantis snagged the nomination. DeSantis pledged to “reduce bureaucracy, eliminate unreasonable regulations and crack down on lawsuit abuse.” He called himself the #1 conservative in Florida. Admittedly, he did have some environmental-sounding pledges on his ...
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