“What stands in the way becomes the way.”
Using current climate policies to address future political barriers to more stringent policy
Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies. (See coverage here for Canada, and here for Australia.) Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two degrees Celsius, as outlined in the Paris Agreement. How will countries move towards the increasingly s...
CONTINUE READINGProgressive Regulatory Reform
Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?
Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is ultimately congressional deadlock, which means that the only viable path for big changes in policy is through the administrative process. That’s ho...
CONTINUE READINGPretzel Logic
The bases for Trump Administration rulemakings contain some real head-scratchers.
The Trump Administration has been hard at work to roll back Obama-era administrative agency actions, and like many of my colleagues, I’ve been sifting through pages and pages of the administration’s bases for the about-face on a number of environmental regulations. As I’ve done so, a theme has emerged: these rule rollbacks and replacements often rely on contradictory statements and reasoning to justify the administration’s desired outcome. Take, for exam...
CONTINUE READINGCalifornia Raises Its Ambition for a Low-Carbon Fuel Future
First in a Series About California's Low Carbon Fuel Standard Program
[Post co-authored by Sean Hecht and Ted Parson] California’s Air Resources Board (CARB) has just enacted new regulations that strengthen the state’s Low Carbon Fuel Standard (LCFS). The LCFS is a major component of California’s greenhouse-gas control strategy, but receives surprisingly little attention, compared to other policies like the statewide cap-and-trade system and the renewable portfolio standard for electricity. This ambitious, innovative, and controve...
CONTINUE READINGIf You Can Buy a Coast, You Can Buy a Newspaper
Supreme Court's California Coast Decision Will Be Back, No Matter What the Papers Say
High-fives, or at least, sighs of relief, from environmentalists this week, as the Supremes denied cert in Surfrider Foundation v. Martin’s Beach, a case where Sun Microsystems founder and multibillionaire Vinod Khosla challenged aspects of California’s Coastal Act. Article after article after editorial is celebrating this as a great victory for the environment and the California coast. But even scratching the surface of this case shows 1) that it will be back; a...
CONTINUE READINGBurning in the Heat
Wildfires were bad enough already. Climate change is making them worse.
Fires have been unusually severe lately. According to one scientist, “’[I]n the late 20th and early 21st century, with these hot droughts, fires are ripping now with a severity and ferocity that’s unprecedented,’ says Tom Swetnam. . . . A fire in the Jemez Mountains Swetnam studies burned 40,000 acres in 12 hours, a ‘horizontal roll vortex fire’ that had two wind-driven counter-rotating vortices of flame. ‘That thing left a canopy hole with no trees over 3...
CONTINUE READINGMitigating Increased Driving Miles From New Projects Under CEQA
New Berkeley Law/CLEE report released today; Webinar discussion on Tuesday, October 30th
California law now requires developers of new projects, like apartment buildings, offices, and roads, to reduce the amount of overall driving miles the projects generate. Senate Bill 743 (Steinberg, 2013) authorized this change in the method of analyzing transportation impacts under the California Environmental Quality Act (CEQA), from auto delay to vehicle miles traveled (VMT). In response to SB 743, some state and local leaders are seeking to create special "banks" ...
CONTINUE READINGGuest Bloggers Jennifer Garlock and Michelle Melton: California Enacts Law to Reduce Greenhouse Gas Emissions from Ride-Hailing Companies
Governor Brown Signs SB 1014, Allowing Innovative Approaches to Emissions Reduction
As part of its broader efforts to tackle climate change, California has set its sights on a new, and fast-growing, source of greenhouse gas (GHG) emissions: ride-hailing companies like Uber and Lyft. On September 13, Governor Brown signed SB 1014, making California the first U.S. jurisdiction to require that ride-hailing companies—also known as transportation network companies (TNCs)—reduce their greenhouse gas emissions. The bill is an exciting next step for tacklin...
CONTINUE READINGA Major Challenge for Avoiding Climate Change Hides In Plain Sight
If we probably cannot keep global warming within agreed-upon limits by reducing emissions alone, how could we?
Next week, the international body responsible for assessing climate change will release a special report on the 1.5°C target, an ambitious, international goal to limit global warming that became part of the Paris Agreement in 2015. The report might mark a significant turning point for how policy makers, the scientific community, and others think about responding to global warming. Yet I also think that it will need to go further. Because there is a lot here that might b...
CONTINUE READINGSpreading Like Wildfire
They don't get as much attention as floods or earthquakes, but wildfires are deadly serious.
This is the first of a three-part series about wildfires. Massive wildfires are a growing problem, posing risks to people and the environment. Considering that my house is located only a few miles from the 1991 Oakland Hills fire, which killed 25 people, destroyed 2800 homes, and caused $1.8 billion in damage, this is an issue I take very seriously. Today, I want to focus on the extent of the problem. Here are some examples from the past ten years: Last year, fir...
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