Supreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now
Fifth Circuit Must Now Review Whether Designated Critical Habitat is "Habitat," & Whether Agency's Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary
The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I've posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this case, represents my personal analysis, and not that of our clinic's clients.) In this case, the Supreme Court reviewed a Fifth Circuit panel's determinat...
CONTINUE READINGDon’t Believe Everything That You Read
Solar geoengineering is often inaccurately portrayed in the media
If you had followed the climate change news over the weekend, you might have been shocked to see headlines such as "Scientists Prescribe a Healthy Dose of Sulphate Particles to Promote Global Cooling on the Cheap." CNN tweeted that "Harvard and Yale scientists are proposing that we tackle climate change by dimming the sun." And the British tabloid The Express shouted "GLOBAL WARMING SOLVED: Plans to DIM Sun by releasing CHEMICALS into atmosphere." Such exaggerations -- b...
CONTINUE READINGGuess What? It’s THAT Time of Year.
Yes, it’s fundraising season. And yes, we’re asking you to help out.
Yes, it's fundraising season. And yes, we're asking for your help on this Giving Tuesday -- not for our own sakes, but because we think the work we're trying to do on climate change and other issues is important. Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we hardly ever do them. But twice a year doesn’t seem like too much of an imposition, and this is a really important time for the fight for sustainability. And on top of th...
CONTINUE READINGDoes the New National Climate Assessment Hurt the Trump Administration in Court?
The Report Could Affect a Number of Cases
The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report's political and public impact by dropping it on Black Friday, the timing of the release is immaterial to whether the report will affect numerous court case...
CONTINUE READINGThe Rise of Benefit-Blind Analysis
The Trump Administration cares about regulatory costs. Regulatory benefits? Not so much.
Since Ronald Reagan’s time, there has been a consensus among conservatives that cost-benefit analysis (CBA) should be the gold standard for regulation. That approach has given them common ground with moderates such as Cass Sunstein, many economists (whether liberal or conservative), and at least a few scholars more environmentally inclined. Cost-benefit analysis has had its critics, but largely from the left. But now conservatives are showing increasing disench...
CONTINUE READINGThen and Now
How has environmental law changed in the last 38 years? A lot … and not that much.
I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980. I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he replied that at least it could still be used in legal history classes, since the field was obviously on its way out. What had happened in the meantime was Ronald Reaga...
CONTINUE READINGNetherlands Government Appeals Historic Climate Change Ruling
The Dutch Supreme Court will decide whether the government is obligated to cut emissions more
Last month, an appeals court in the the Netherlands upheld a lower court's ruling that the Dutch government is legally obligated to reduce greenhouse gas emissions more aggressively. This drew much international attention, as well as praise from environmental advocacy organizations. As expected, the government has announced that it will appeal this decision in the Urgenda case to the Supreme Court. Some background can help explain why the case is peculiar. From a...
CONTINUE READINGA Catalogue of Game Changers
We’re making progress on addressing climate change, and I’m hopeful that we’ll continue doing so. Yet it’s not clear whether the path we’re currently on will make progress fast enough to avoid very serious risks. So what would it take for us to make a quantum leap in this effort? I wouldn’t hazard a prediction about whether that will happen or if so what it will be. But I think we can see a roadmap of the possibilities. Here are the ones the categories ...
CONTINUE READINGFrom the Wildfire Files
Wildfires are getting worse and worse. Here's what we know about the situation.
I don't normally do this, but given the terrible wildfires now hitting the state, I thought it was worth doing a reprise of some posts on the subject from earlier this summer. Of course, there's more information in the original posts, if you want to click over to them. Spreading Like Wildfire In 2017, wildfires burned 10 million acres in the Western United States, destroying 12,000 homes, killing 66, and resulting in $18 billion in damages. Last year, fires swept thro...
CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California's Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California's oil supply, production, and refining, that bolster California’s case against the Administration’s threat to strip C...
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