2020 in the Courts: A Preview

Some major new cases will be filed; older ones will result in major decisions.

There are going to be some significant environmental cases over the next year. In addition, some important new cases will be filed now or in the near future, which may have produced some interesting rulings. It will probably take more than a year, however, for some of the big new cases down the turnpike to result in their first level of judicial opinions, let alone reach completion. The Supreme Court. The Court agreed last spring to hear two environmental cases thi...

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What Do the Candidates’ Climate Proposals Tell Us?

There is a big disconnect between climate proposals and political reality.

Some people were upset because there wasn't a question about climate change at the last Democratic debate. Admittedly, that's a lost opportunity to highlight the importance of the issue.  But the significance of the candidates' various positions on climate change is limited. Let me start with what they don’t tell us. The main thing they don’t tell us is what climate policies to expect if one of the seemingly countless Democratic candidates wins the White House. B...

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Closing Downtown Market Street to Cars Is a Step in the Right Direction

The San Francisco Municipal Transportation Agency voted yesterday to approve a plan banning private automobiles on the downtown stretch of Market Street east of 10th Street. This section, one of the city’s busiest, will only be accessible to Muni vehicles, taxis, bicycles, and pedestrians (cars will still be able to cross Market). Commercial loading will be allowed during certain hours, and ride-share zones will be limited to side streets. The city also plans to invest...

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LA Metro’s Transit to Parks Strategic Plan

A beneficial but incomplete solution to address lack of access to open spaces for disadvantaged communities

I previously wrote about the potential to generate greater support for environmental initiatives, by improving community engagement with the natural environment. One mechanism to improve community engagement in this manner is quite simple: make it easier for people to access parks and open spaces by public transit. Access is a widespread issue in Los Angeles, as many residents live in communities without a local community park in their neighborhood. These residents ar...

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“If Present Trends Continue….”

To paraphrase Socrates, "the unexplained projection is not worth giving."

You often see forecasts like this: “If present trends continue, electric vehicles will be X% of the auto fleet by 2035.”  But this doesn’t mean much without explanation: what “trends” and “continued” in what way?  The Energy Information Agency is a major culprit in that respect -- they provide lots of projections but don't unpack any of the assumptions. A press announcement or executive summary obviously can’t include all the technical details, but at l...

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Environmental Law Centers — Western version

It’s not just on the coasts where law schools works on sustainability.

This is part of an occasional series on the work of environmental law centers. My goal in this series is to highlight one of the ways that law schools work for the public interest, not just on the coasts but throughout the country. Here, I’ll focus on the Interior West -- the plains, mountains, and deserts west of the Mississippi and east of the Sierras. Water is a pervasive concern in that part of the country.  Colorado’s Getches Wilkinson Center has held conven...

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Lights Out, Everybody’s Home

Protecting California’s Most Vulnerable from Climate Effects

Today, rather than walking to campus, I’m home learning the features of Zoom Conference to conduct meetings and classes remotely: UC Berkeley’s campus is shut for its second day in a row, as Pacific Gas and Electric seeks to minimize risk of a wildfire (and associated liability) in the present high wind conditions. Even as I improvise my way through the work week, I’m aware that my climate inconveniences are minor: I’m healthy; my home is solar-powered; local wea...

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Planned Outages, Planning for Resilience, and Reducing Emissions

The power shutoffs begun yesterday by Pacific Gas & Electric across swaths of Northern California, cutting electricity for hundreds of thousands of Californians, are many things: a serious risk for vulnerable and immobilized populations; an economic hit for local businesses; a tremendous inconvenience for everyone; both an outrage and industry best practice, according to Governor Newsom. They are controversial, painful, and the result of inadequate maintenance and pl...

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Aging Dams, Forgotten Perils

You've heard it before but it's still true: U.S. infrastructure is a mess.

Stop me if you’ve heard this one before: Critical U.S. infrastructure is dilapidated and unsafe. Regulation is week, and enforcement is weaker. Everyone agrees on the need for action, and climate change will only make the problem worse.  but no one seems to do anything about it. Sadly, this has become a familiar story. Take dams for instance. A year ago I noted that the federal government regulates the safety of only a small proportion of dams in the United States,...

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New Fellows Join Emmett Institute to Research and Advance Environmental Law

This fall, the Emmett Institute at UCLA Law is welcoming four new fellows for two-year faculty appointments. Holly Buck, Charles Corbett, Benjamin Harris, and Siyi Shen bring a wide range of experience and training to the Institute, and will contribute to projects on climate engineering, environmental governance in China, and more. The new fellows join Harjot Kaur, an Emmett/Frankel Fellow in Environmental Law and Policy, and Jesse Reynolds, an Emmett/Frankel Climate...

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