What to Make of Chief Justice Roberts’ Stay of the Juliana Case
It's only temporary but stay tuned
Last Friday, as Rick Frank previously blogged, Chief Justice Roberts put a temporary halt to the Juliana v. United States trial --the Juliana case was brought by a group of children alleging that the United States has violated the public trust doctrine and various provisions of the US. Constitution in failing to protect them from the ravages of climate change. Chief Justice Roberts also stopped the parties from conducting further discovery. His order is in pl...
CONTINUE READINGAmerican Journal of International Law Publishes Symposium on Climate Change Localism
The online alter ego of the American Journal of International Law, AJIL Unbound, has just published its symposium on Climate Change Localism. The symposium explores the implications of subnational actors’ efforts to address climate change. The explosion of initiatives and declarations in recent years outside the federal government, ranging from state and local governments to industry and non-governmental organizations, has changed the face of climate policy. Such musc...
CONTINUE READINGAnother Scary Election (But Not Here)
An election next Sunday has implications for the entire planet.
I hate to give you something else to freak out about in our current Age of Anxiety, but there’s a very worrisome presidential election next Sunday. No, I haven’t completely lost it – the presidential race isn’t here, it’s in Brazil. The election pits a dangerous populist against a highly competent but colorless Establishment candidate. Does this sound at all familiar to you? The populist is Jair Bolsonaro. He’s been a legislator for years, somewhere on t...
CONTINUE READINGSupreme Court Stays Upcoming Juliana Trial
Chief Justice Roberts' Order a Major Win for the Trump Administration
The presently-constituted U.S. Supreme Court doesn't seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings in the Juliana case and ordered the plaintiffs to filed a response by October 24th to the Tr...
CONTINUE READINGCEQA and Local Land Use Regulations: Shakedown Street
Local Government Discretion Has Powerful Political Support
Eric's post the other day about CEQA and local land use regulation states an important and often-overlooked truth: environmental review can only hold up a project if it is discretionary. If local land use regulations state clearly what a developer can and cannot do, then no amount of environmental review could change a decision, and so CEQA does not apply. Eric and his research term conclude that we shouldn't blame CEQA when local governments could get rid of the problem...
CONTINUE READINGModernizing the Grid
Utilities are spending billions of dollars to make the grid more reliable and sustainable.
In my last post, I talked about how Obama's Clean Power plan was the right response to a changing grid. The grid is in the process of changing even more. Itwas designed for some relatively straightforward tasks. The main power plants, mostly burning coal (but sometimes natural gas or nuclear energy), ran day and night. They were supplemented by other power plants when needed to meet load (customer demand). All the power flowed from these central power plants and was inst...
CONTINUE READINGJumping the Fence Line, Embracing the Grid
Precedent from another agency for the Clean Power Plan.
If you've been reading this blog or otherwise keeping up with environmental law, you've probably heard this a hundred times: In rolling back Obama's signature climate regulation, the Clean Power Plan, the Trump Administration is relying on the idea that EPA's jurisdiction stops at the fence line. That is, according to the Trump folks, EPA can impose measures on a each plant, but not measures that go beyond the fence line like requiring more use of renewable energy of a c...
CONTINUE READINGLet’s Make A Deal
What Should Environmentalists Give Up - and Demand - For A Carbon Tax?
A nice editorial from the Los Angeles Times about the proposed carbon tax being offered by some Republicans under the front group Americans for Carbon Dividends, most notably former Secretaries of State James Baker and George Shultz. Exxon-Mobil is even throwing $1 million into the effort -- chump change for such a corporate behemoth. The Times says that a carbon tax is needed, but [t]he Baker-Schultz plan also includes a waiver that would let oil companies and other e...
CONTINUE READINGComments on proposed ESA rule changes
Law professors submit detailed comments on proposed changes to regulations that implement the Endangered Species Act
I’ve posted earlier about proposals by the Trump Administration to make significant changes to the regulations implementing the Endangered Species Act, some of the most substantial revisions to those regulations since they were overhauled in the early 1980s. A group of environmental law professors (including me) submitted comments on those proposed rules last month, with the support and direction of Bill Weeks at the Conservation Law Clinic at Indiana University. B...
CONTINUE READINGA Potentially Important Climate Change Court Ruling in the Netherlands
A Dutch environmental organization surprisingly won its novel climate change lawsuit when the government appealed.
Although I am in the midst of a series of blog posts (1, 2, 3) regarding novel technologies in the recent special report of the Intergovernmental Panel on Climate Change (IPCC), I take a brief detour to report on a court ruling in the Netherlands regarding climate change. Although I am skeptical of its impact in the case at hand, the ruling might have significant long term and indirect influence, in the Netherlands and elsewhere. The environmental advocacy organizati...
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