Environmental Law Professors File Amicus Brief in Defense of Technology-Forcing in the California Supreme Court
Professors oppose efforts to limit the Legislature’s authority to enact laws protecting the public health and safety of CA residents
My colleague Sean Hecht and I, along with eleven other California environmental law professors, filed an amicus brief in the California Supreme Court this week in support of the California Legislature’s authority to enact technology-forcing statutes. The underlying case, National Shooting Sports Foundation, Inc., et al. v. State of California, involves a gun control law passed by the Legislature in 2007 requiring the use of a developing technology called “mi...
CONTINUE READINGSeeking Salvation at the COP
Guest post by Sunjana Supekar, UCLA Law student
“You have to act as if it were possible to radically transform the world. And you have to do it all the time.” These words, attributed to famed anti-racist activist Angela Davis, permeated my thoughts as I walked through the halls of the 2017 UN Climate Change Conference in Bonn, Germany (referred to as the “COP,” for conference of parties). The major question for this year’s COP was how exactly to implement the terms of the Paris Agreement....
CONTINUE READINGESA Under Attack. Again.
The Washington Post tomorrow is running an Op Ed written with Peter Alagona, a colleague in environmental studies at UCSB. We were approached by the Post and asked to write a piece addressing the current raft of bills that seek to weaken the Endangered Species Act and sharing our views about alternatives. With a tight limit of 700 words, we could not go into much detail but hope you find informative our assessment of the current legislation and promising future paths. ...
CONTINUE READINGThe Growing Schism Between Coal and Oil
They're both fossil fuels, but their producers don't always have the same policy views.
Bush's environmental policies were bad, but Trump's policies are way worse. One reason is that Bush and Cheney were oilman, and Trump is obsessed with coal. Yes, oil and coal are both fossil fuels, but they have different economics and different policy stances. These are two very different industries. The U.S. coal companies are in desperate economic straits; while the net annual income of major oil companies is measured in the tens of billions. Both stand to be har...
CONTINUE READINGA Sense of Urgency at COP 23
Guest post by Alexandra Gay, UCLA Law student
Christiana Figueres, the former Executive Secretary of the UNFCCC who is widely credited with the success of COP 21 in Paris in 2015, launched a global initiative earlier this year called Mission 2020. The overall goal of the initiative is to ensure that global CO2 emissions reach a “turning point” by 2020 and begin to decline (drastically) over the following decades so that the world can achieve zero net emissions by 2050 and can meet the Sustainable Development...
CONTINUE READINGDispatch from the Bonn UN Climate Conference
So what's up with the Paris Agreement now that the U.S. has announced its intent to withdraw? The main annual UN conference on climate change is underway in Bonn, Germany, and UCLA Law is on the ground here. We'll be reporting this week on what we see and hear. This conference, which serves as the annual Paris Agreement gathering, has an official agenda that includes developing the details necessary to bring that document to life. The Paris Agreement is a landma...
CONTINUE READINGOfficially-True Lies
Administration policy is based on a series of falsehoods.
There are some falsehoods which the United States government has now adopted as dogma. They aren't true but they're repeated day in and day out. Sadly, they're sometimes not even deliberate falsehoods, because the people who repeat them have been brainwashed into believing them or are just too ignorant to realize the actual facts. "Greenhouse gas emissions aren't causing climate change." This comes in various flavors, like "I'm not a scientist" and "We don't kno...
CONTINUE READINGPublic Lands Watch: Resilient Federal Forests Act
Bill to reduce environmental protections for timber management on federal lands passes House
The Resilient Federal Forests Act (RFFA), H.R. 2936—which would curb environmental review under the National Environmental Policy Act (NEPA) for a variety of forest management activities on National Forest and BLM lands—passed the House November 1. (We previously wrote about a version of this bill in committee here.) NEPA requires agencies to consider whether proposed major federal actions may have significant environmental impacts. If a proposed action will have sig...
CONTINUE READINGA Major Defeat for Property Rights Advocates
Hardly anyone noticed a decision last June limiting the rights of property owners against regulators.
Murr v. Wisconsin was a sleeper case decided by the Supreme Court last June. But it deserves a lot more attention than it has gotten. As I discuss in a new paper, Murr was a major defeat for property rights advocates and a big win for land use planners and environmentalists. Murr has escaped much notice for two reasons. First, the facts were undramatic, involving a dispute about whether one of two adjoining lots on the shore of a river could be separately developed. S...
CONTINUE READINGIt’s Official: Climate Change is Real and It’s Serious
The Administration allowed a key scientific report to come out. They'll have trouble explaining it away.
The release of the Fourth National Climate Assessment got some attention from the press. The press mostly focused on the forthright endorsement of climate science by the NCA4 report -- something of a surprise in the anti-science Trump Administration. That was indeed notable, but there are other features of the report that will make it harder for the Administration to get away legally with ignoring or downplaying climate change. The endorsement of climate science w...
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