Climate Change in the Political Spotlight
Climate change has been a low-visibility political issue. That may be changing.
Generally, climate change doesn’t get much attention as a political issue. That may be changing now. And if it is, that could have important implications. One sign of the times is Jay Inslee’s run for the Presidency. He may not be at the top of the lists of prospects, but he’s an established, well-respected political figure. And climate change is the centerpiece of his campaign. As the Atlantic observes, “[o]ther Democrats are, suddenly, talking about climate ...
CONTINUE READINGWater Rights Administration and Oversight During Past California Droughts
Part 2 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In the first post in this series, I talked about why it’s important for the state of California to spend time preparing for future droughts even in wet years like this one. This post examines some of the lessons from past droughts that can inform these preparations. Past droughts have stress-tested California’s water management institutions, and some of the vulnerabilities they revealed still linger today. Given that climate change is expected to increase the ...
CONTINUE READINGGoverning Geoengineering at the United Nations? No, at Least Not Now
A proposed resolution falters at the UN Environment Assembly
At this week's UN Environment Assembly, countries' representatives debated a draft resolution regarding climate geoengineering. Unable to come to agreement, it was withdrawn Wednesday. This is not surprising to me, as -- for the most part -- leaders presently lack political incentives to take action. I am also not particularly disappointed, because a counter-productive resolution seemed fairly likely. As background: in the face of continued insufficient cuts to...
CONTINUE READINGWhy is Trump Getting the Cold Shoulder from the Car Companies?
The answer: His rollback promises them little profit and much uncertainty.
Usually, you’d expect a regulated industry to applaud an effort to lighten its regulatory burdens. So you would think that the car industry would support Trump's effort to roll back fuel efficiency standards for new vehicles and take away California's authority to set its own vehicle standards. But that effort is being met by silence in some cases and vocal opposition in others. According to E&E News, “senior officials from EPA and the National Highway Traffic ...
CONTINUE READINGWhy It’s Important to Prepare for Drought During a Deluge
Part 1 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In the midst of the wet winter storms bringing rain and snow to California this year, you might not expect drought preparations to be among the state’s current priorities. And yet, they need to be. In this post, I’ll explore why to set the stage for a blog series that explores what the state can do to prepare for the more frequent and intense droughts we expect in California's future. The series draws on work my colleagues and I did for California's Fourth ...
CONTINUE READINGDo Impossible Regulatory Deadlines Cause Faster Progress?
A: Maybe, but only in a roundabout way. (And at a cost.)
Just about nobody who’s knowledgeable in the field thinks the U.S. electric grid can be made carbon free in ten years. Having spent the past two years lambasting the Trump Administration for ignoring the experts, I’m loathe to disagree with the expert opinion on this one. But even if the ten-year deadline set by supporters of the Green New Deal is unattainable, there’s still an argument that it’s useful to set ambitious, even if unattainable, goals. There�...
CONTINUE READINGUCLA Law’s Ann Carlson Interviewed on CBS’s 60 Minutes Discussing Juliana v. U.S., Landmark Climate Change Lawsuit
Segment Provides Legal Context for Groundbreaking Children’s Climate Case
Our colleague Ann Carlson appeared on 60 Minutes this past Sunday for a lengthy on-camera interview with Steve Kroft, discussing the Juliana v. U.S. lawsuit filed by Our Children's Trust. Begun in 2015, the lawsuit has survived several appeals so far, and is headed to oral arguments in June at the U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon. Juliana v. U.S. is significant because, if the plaintiffs secure a victory, the federal courts could ...
CONTINUE READINGWhat DO You Call Someone Who Rides a Scooter?
The Dangers Of Pigeonholing
Meredith's now-classic post on scooters buried within it a crucial question: what do you call someone who rides a scooter? Meredith herself suggested "scooterist" or "scooter-rider." The hard-working staff here at Legal Planet fiercely debated the issue. I originally thought that the name for someone who rides a "scooter" is..."scooter." The point is that a scooter scoots, and so does someone who rides it. Julia argued for scootor as a way of different...
CONTINUE READINGRoy Cohn Meets The Takings Clause
Sleeper Supreme Court Case Could Upend Environmental Regulations
"I don't want to know what the law says. I want to know who the judge is." -- Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to the Supreme Court's Takings case this, he was certainly prescient. Today in my Land Use class, we listened to the oral argument in Knick v. Township of Scott PA, which we migh...
CONTINUE READINGThe Potential Benefits of Declaring a Climate Emergency
The idea deserves serious consideration. There actually could be some very tangible benefits.
I have a confession: When I started thinking about the possibility of a climate emergency declaration, it was mostly as a counterpoint to Trump’s possible (now a done deal) declaration of an immigration emergency. As I’ve thought about it, however, it seems to me that there are enough potential benefits to make the idea worth serious consideration. A relatively restrained use of emergency powers could still have some real payoff. In general, I’m not in favor o...
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