UCLA Environmental Law Clinic and Surfrider Foundation to Brief Congress on Marine Plastic Pollution Crisis
The problem is big, but federal action could help.
Next week, I’ll be in Washington, D.C. with the Surfrider Foundation and two of our fabulous Frank G. Wells Environmental Law Clinic students, Charoula Melliou and Divya Rao, to brief Congress on harms caused by marine plastic pollution and steps the federal government can take to combat the problem. Plastic pollution is a serious issue, and one you may have seen in the news recently: just last week, a floating boom intended to rake up debris from the Great Pacific Ga...
CONTINUE READINGRegulatory Review in Anti-Regulatory Times: The Trump Administration
Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of the federal government. Today, I focus on the Executive Branch. In a new paper, I analyze the role of cost-benefit analysis and The Office of Informatio...
CONTINUE READINGNew CEQA SB 743 Transportation Guidelines Finally Finalized
Critical revisions will be discussed at March 1st Conference in Los Angeles -- register now!
It took five years, but California has finally ditched an outdated and counter-productive metric for evaluating transportation impacts under the California Environmental Quality Act (CEQA). With the guidelines finalized on December 28th, a mere half-decade since the passage of SB 743 (Steinberg) in 2013, the state will ditch "auto delay" as a measure of project impacts and instead assess overall driving miles (VMT). You can see the new guidelines Section 15064.3. It's...
CONTINUE READINGJerry Brown’s Top Climate Accomplishments
Amazing successes, coupled with unfinished business
Today California inaugurates a new governor, Gavin Newsom, and says goodbye to four-term governor Jerry Brown. Governor Brown made climate change a central issue in his last two terms. Rick already offered an excellent assessment of the governor's overall environmental accomplishments, so here are (to my mind) his top achievements on the specific issue of climate change: Setting and signing clean energy goals: Some may take it for granted now, but when Governor Brow...
CONTINUE READINGWill There Be a Global Environmental Constitution?
The potential of a proposed Global Pact for the Environment remains uncertain
The 1990s were the heyday of international environmental lawmaking. The 1992 United Nations "Rio Conference" on Environment and Development catalyzed the UN Framework Convention on Climate Change (UNFCCC), Convention on Biological Diversity, and the UN Convention to Combat Desertification. The decade also witnessed the launch of the Rotterdam Convention on Prior Informed Consent as well as protocols such as the Madrid Protocol on Environmental Protection in Antar...
CONTINUE READINGThe Thin Gray Line
Few people understand the role that the bureaucracy plays in keeping us safe.
"Bureaucrat" is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks -- risks ranging from nuclear contamination to climate change to unsafe food. Due to Trump's government shutdown, by the way, many of these people are currently not being paid. Yet without the profes...
CONTINUE READINGAssessing–and Celebrating–California Governor Jerry Brown’s Environmental Legacy
Governor Brown Easily Ranks as the Top Environmental Governor in State History
Don't it always seem to go That you don't know what you've got `Til it's gone --Joni Mitchell ("Big Yellow Taxi") On this, the last day of Jerry Brown's tenure as California's governor, it's appropriate to reflect on Governor Brown's environmental legacy. And a most formidable legacy it's been. Brown has, quite simply, been the most environmentally conscious and effective governor in California's 169-year history--by a wide margin. While he'...
CONTINUE READINGThe 2020 Congressional Elections and the Environment
They're almost two years away, but we need to get ready.
I know, I know. It seems very early to start thinking about the 2020 elections! But I follow my late mother’s philosophy that it’s never too soon to start worrying. Why do the 2020 Senate elections matter? Let's start with the Senate. Suppose the President in 2021 is a Republican, maybe named Donald J. We’ve learned from the past two years that even a slight Senate majority enables a lot of actions, including Supreme Court appointments. But we also learned f...
CONTINUE READINGTrump’s Theory of Law
He probably doesn't know he has a theory, but he does. It's shaping his deregulatory agenda..
OK, using the word “theory” in connection with Trump may seem like a stretch. But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified along several different dimensions. On one dimension, we have theories about the nature of law. Here, the main distinction is between believers in natural law ...
CONTINUE READINGThe possibilities of a Green New Deal
Proposal for massive government investment in decarbonization of the economy could have long-term political benefits, if it's done right
The new House Democratic majority takes over this week. In the period between the midterm elections and now, one major issue that has been discussed is the path forward for the Democrats on climate policy. Led by freshman Representative Alexandria Ocasio-Cortez, activists have called for the new majority to set up a special House committee on climate change that will develop a legislative blueprint for a “Green New Deal.” The specifics of the Green New Deal are yet t...
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