Interior doubles down on contempt for government integrity
Newly appointed acting National Park Service chief improperly allowed removal of trees from NPS easement
We know that Secretary of the Interior Ryan Zinke has little regard for government rules -- the Navy SEAL career he is so fond of touting was derailed because he misused government funds for personal travel; he has continued to flout travel regulations and restrictions on political activity by government employees in his present job; and just this month, taking a page out of his boss's playbook, he suddenly announced via Twitter that his department would exempt Florida f...
CONTINUE READINGThe Story Behind a Political Breakthrough
Congress passed a 2017 law recognizing climate change as a serious threat. How did THAT happen?
Last month, Congress passed and Trump signed a provision in the Defense Authorization Act that designates climate change a serious threat to national security. That was a historic first. I blogged about the bill last month, but it seemed worthwhile to investigate this surprising development further. Although there’s no direct evidence, there are strong indications of some quiet nudging from the Pentagon along the way. Surprisingly, some 46 House Republicans stood up on...
CONTINUE READINGWhen is unoccupied habitat “critical”?
The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog
Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law's development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 (1978); Babbitt v Sweet Home Chapter of Communities for a Great Oregon, 515 US 687 (1995), and National Association of Home Builders v Defenders of Wildlife, 551 US...
CONTINUE READINGGuest Blogger Ken Alex: California’s Building Energy Efficiency Mandate
Post #3 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the third post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Energy usage associated with buildings is substantial. There are different ways to calculate it, but the California Energy Commissions estimates that buildings in California account for over 25% of the total GHG emissions, including both fossil f...
CONTINUE READINGGeorgia: A Peach of an Energy Policy
Georgia’s energy policy is much better than you’d expect from its Southern location and politics.
Georgia is a bit of a surprise. It is a leader in solar energy in a region that generally has not been very friendly to renewables. It currently ranks 9th nationally in total solar installations (and even more surprisingly, ranked 3rd in 2016 in newly added solar). What’s also surprising is that Georgia has done this with only a voluntary Renewable Portfolio Standard. Both houses of the state legislature have roughly 2-to-1 GOP margins. But despite the lack of a leg...
CONTINUE READINGTrump Administration Imposes Tariffs On Solar PV Imports
The expected blow for solar companies, consumers, and clean energy & climate advocates will likely bring a U.S. solar slowdown and prompt industry changes
Following up on a campaign promise to crack down on free trade policies, the Trump Administration today announced that they will be imposing tariffs on foreign solar photovoltaic (PV) panels. The tariffs will start at 30 percent in the first year and then decline to 25 percent in year 2, 20 percent in year 3, and 15 percent in year 4. The move was largely expected. The case originated in May 2017 when two now-bankrupt U.S. solar companies filed for temporary relief fr...
CONTINUE READINGGuest Blogger Ken Alex: California’s Renewable Portfolio Standard
Post #2 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the second post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] SB 350 (2015) requires that California’s investor and municipal owned utilities provide 50% of their customer’s electricity from renewable sources by 2030, excluding power generated by nuclear and large scale hydro. Already, San Diego Gas ...
CONTINUE READINGGuest Blogger Ken Alex: California’s Vision on Climate Change
Post #1 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
California accounts for about one percent of the world’s greenhouse gas emissions. As the Brown Administration enters its final year, I want to set out my view of why California’s actions on climate change are so important and how they will change the world. I thank the faculty at Berkeley Law's Center for Law, Energy, and the Environment and at UCLA Law's Emmett Institute on Climate Change and the Environment for the opportunity to share my views in a series of bl...
CONTINUE READINGSupreme Court Update: PEPTO and Rinehart
Supreme Court denies review in two important environmental law cases
Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered Species Act as applied to protection of habitat for species present only in one state. I had noted the risks that this case might pose to protections for endang...
CONTINUE READINGOne Year and Counting
He's played his cards. Next year, we'll see how well the other side plays theirs.
In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report but omits a lot of the detail. I will focus on our predictions at that time and how they’ve borne out since then. But first, some general thoughts about the p...
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