What 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...
CONTINUE READINGA Legislative Response to California’s Housing Emergency: Senator Skinner’s SB 330
How to Make a Good Bill Even Better
(This post is co-authored by U.C. Davis Law School Professor Chris Elmendorf) Last week, as President Trump harrumphed about the faux emergency on our nation’s Southern border, California State Senator Nancy Skinner introduced a potentially transformative bill that addresses California’s real emergency: the ever-escalating cost of housing in the state’s economically productive metropolitan regions. As this post will explain, Skinner’s new bill, SB 330, is a ...
CONTINUE READINGPublic Lands Watch: Alaska National Wildlife Refuge
Public comment period for environmental review for oil and gas leasing in Alaska National Wildlife Refuge
This blog post was drafted by Jamie T. Martinez. The Bureau of Land Management (BLM) is preparing an Environmental Impact Statement (EIS) in order to implement the Coastal Plain Oil and Gas Leasing Program established in the Tax Cuts and Jobs Act of 2017 (TCJA) (see Public Law 115-97 Title II § 20001(b)(2)). This leasing program covers the 1.6-million-acre Coastal Plain area within the 19.3-million-acre Arctic National Wildlife Refuge in northeastern Alaska. The lea...
CONTINUE READINGThe GOP’s Climate Views Are Thawing
Significant parts of the GOP seem to be leaving Trump behind on the climate issue.
There were three interesting stories about climate politics in the papers today: one about Trump, one about other Republicans, and one about both. What these stories tell us is that part of the GOP is coming to terms with reality; Trump not surprisingly is not. First, as to Trump. As you may have noticed, Trump is not a member of what a Bush advisor once dismissively called the "reality-based community." Instead, to quote one of his own advisors, he's more attuned to ...
CONTINUE READINGSingle-Use Plastics Need Comprehensive Federal Legislation
Despite state and local action, more effective reduction of single-use plastics must come from Congress.
Editor's note: this article was originally published in The Regulatory Review on February 13, 2019. Plastic pollution appears to be arising ever more frequently in the news. Companies like Starbucks have announced voluntary steps to rid their stores of plastic straws. China is wielding its “National Sword” policy, which places restrictions on the amount and type of plastic waste it will accept from abroad, which has prompted cries for improvements to recycl...
CONTINUE READINGScoping Out the Green New Deal
How would we go about decarbonizing the most needy U.S. states?
Progressives are calling for a Green New Deal. The details are still very fuzzy, despite the House resolution introduced by Markey and Ocasio-Cortez. That proposal as a ten-year timetable to eliminate carbon, which is highly unrealistic. Nevertheless, it's worth thinking about what an all-out effort to decarbonizing the economy would look like. The Green New Deal is also about creating good jobs across the economy, and we should take the factor into account as well. ...
CONTINUE READINGNot Quite The Analogy We Wanted
Kurt Vonnegut and Seeming Futility
My rapidly accelerating senility means that I have to catch up on reading I should have done when I was younger. So I just started Kurt Vonnegut's classic Slaughterhouse Five. And right at the beginning, this exchange jumped out at me. The protagonist tells a big Hollywood producer that he is thinking about writing a book about the infamous Dresden firebombing in 1945: "Will it be an anti-war book?," he asked. "I guess," I said. "Why don't you write an anti-glacie...
CONTINUE READINGMore on saving the monarch butterfly
Both federal and state action are needed, and it will take more than milkweed planting
Eric posted an excellent analysis last month of the desirability of protecting the monarch butterfly under California's Endangered Species Act (CESA). I wanted to add a brief coda (as well as a couple of pictures) to his post, to emphasize the need for federal as well as state action, and to expand on the steps that might be needed to bring these beautiful butterflies back. As Eric points out, the monarch has experienced a precipitous recent decline in California....
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