U.S. Supreme Court Declines to Revive Challenge to Oregon Clean Fuels Program
Legal Challenges to Oregon & California Vehicle Fuel Carbon-Intensity Standards Close to the End of the Line, Clearing Path Forward to Transformative Reductions in Greenhouse Gas Emissions from Transportation Sector
In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. This is third in that series. This past Monday, the U.S. Supreme Court denied review of a federal appeals court decision upholding the legality of Oregon’s Clean Fuels Program. That decision finally frees Oregon’s program from uncertainty from what was seen as a significant legal challenge. The program, modeled after the ...
CONTINUE READINGPhase Changes in Public Opinion
Public opinion on an issue like climate change can sometimes flip quickly. Here’s why.
You might think that the public’s view of an issue – climate change for instance – would evolve continuously as events occur and information becomes available. That often may be the case, but sometimes public opinion can change relatively quickly. A prime example is the legitimacy of same-sex marriage, which went from being a weird, unacceptable idea to the conventional wisdom in only a few years. One way to think about these changes is to think about the way th...
CONTINUE READINGIn Defense of Live Carbon
Why Stopping Deforestation May be the Hardest and Most Important Part of the Climate Change Challenge
When contemplating the enormous challenge of global climate change, it is sometimes helpful to think about a simple model of the global carbon budget (see figure below). These admittedly reductionist schematics distinguish between sources, sinks, and reservoirs. Fossil hydrocarbons from the geological reservoir–call this dead carbon—are extracted and burned to generate energy, emitting vast amounts of CO2. At the same time, deforestation and land use change...
CONTINUE READINGCould Genetically Modified Organisms Help Conserve Biodiversity?
The second in a series examines GMOs intentionally released into the wild
Last week, I introduced what I call "first generation" genetically modified organisms (GMOs) – altered bacteria for diverse, mostly indoor purposes – and "second generation" ones – GM crops and agricultural animals. Here, I describe third generation GMOs, which are those that would be intentionally placed into natural environments, where they would live, reproduce, and transmit their modified genes to offspring. These GMOs can be created through either older, trans...
CONTINUE READINGDeveloping a Decision-Support Framework for Curtailment
Part 5 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
During a drought, California’s limited water supplies should be allocated transparently, efficiently, and predictably in accordance with the priorities that flow from state and federal law. But what does this mean in practice? What happens when there is not enough surface water to go around in a watershed? California water rights law says that certain water users must curtail their water diversions—in other words, reduce the amount of water they divert or stop...
CONTINUE READINGClimate Change and Your Family’s Future
How much climate change will you see in your lifetime? How about your kids?
If you think about yourself and the two generations after you, a lot depends on your current age, whether you already have kids, etc. To keep this from getting too complicated, let’s focus on someone who was born in the US at the start of the millennium, in 2000. To simplify, I won’t specify gender or race, both of which are related to life expectancy. That person will be 19 next year, maybe about to start college or get a job. Given current life expectancy, o...
CONTINUE READINGGenetically Modified Organisms Return to the International Policy Agenda
This first in a series begins by looking back at GMOs and environmental law
Although the big news in international biodiversity this week was the release of the summary of the first global assessment from a relatively new UN-affiliated body, the topic of another report warrants attention as well. Yesterday the International Union for Conservation of Nature (IUCN) published its findings on “the potential positive and negative impacts of synthetic biology on biodiversity conservation.” When those of us who follow environmental law and policy ...
CONTINUE READINGYou Can’t Fool All Of The People All Of The Time
California Cleans Trump's Clock In Court
Sometimes judges can read: In its rush to delay, repeal and rewrite rules it considers unduly burdensome to industry, the administration has experienced significant setbacks in court. Federal judges have sided with California and environmental groups in cases concerning air pollution, pesticides and the royalties that the government receives from companies that extract oil, gas and coal from public land... The administration’s early losses stem from a...
CONTINUE READINGARPA-E: Surviving and Thriving Despite Trump
Trump keeps trying to kill it, but the energy innovation hub keeps on going.
In the long run, supporting energy innovation is among the most important things the federal government can do to address climate change. Naturally, Trump wants to end that. In what has become an annual ritual, his most recent budget proposal calls for eliminating the Advanced Research Projects Agency-Energy (ARPA-E). The agency’s mission is to support “high-potential, high-impact energy technologies that are too early for private-sector investment” in order to...
CONTINUE READINGCongestion Pricing in New York City: What Can California Learn?
California isn't New York. But it should watch the city's plan closely as it develops.
New York’s state legislature last month enacted legislation to institute the nation’s first congestion pricing plan in New York City. A new commission within the existing Metropolitan Transportation Authority will develop the plan’s structure and details over the next two years, so very few specifics are known at this time. But as cities in California (including San Francisco and Los Angeles) consider their own congestion pricing programs, the results in New York...
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