UCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case
Scientists' Brief Argues Federal Agencies and Courts Must Use Science in Interpreting "Habitat" Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur "Genius" Award Recipients & Ten Other Esteemed Scientists
Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction. Congress viewed species extinction as an urgent threat requiring urgent, decisive action. The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species. While the Act has been controversial, and characterized as extreme among property-rights advocates and right-wing and libertarian advocacy organizations, it ha...
CONTINUE READINGSafeguarding Climate Policies
There are several strategies for insulating climate policy from leaders like Trump.
Trump’s election was a surprise. What should not be a surprise is the inevitability of political setbacks for climate policy. We saw that in the U.S. with the shift from Clinton to Bush and then from Obama to Trump. We also saw that in Australia where it meant the repeal of a promising emissions trading system. Even if climate denial is banished from the scene, we can expect to see fluctuations in enthusiasm for climate policy. How can we design climate policies to be ...
CONTINUE READINGHot Enough Yet?
Apparently not.
Two weeks ago, my family vacation took us past the self-proclaimed "world's largest thermometer," in Baker, California, which read 111 degrees when we visited it--the hottest air temperature my kids had ever felt. Back at UCLA we're feeling the heat today, too, with much of the LA basin scorching in record temperatures. L.A.'s heat wave is just one of many gripping the globe right now, with records being set from the Middle East to northern Europe to Canada to the ea...
CONTINUE READINGMy Two Cents About the Pruitt Resignation/Firing
Good Riddance Even if He Was a Potent Symbol of the Swamp
Dan and Sean have already expressed their views about today's announcement that Scott Pruitt is out as EPA Administrator. I thought I'd add mine as well. Scott Pruitt was a potent symbol of corruption, the ultimate swamp creature who made laughable his boss's claim that he would come to Washington and drain the swamp. And because Pruitt's transgressions were so numerous, they kept the EPA in the limelight day after day. As Sean notes, even Pruitt's allies had b...
CONTINUE READINGQuick Thoughts on Scott Pruitt resignation as EPA Administrator
Deputy Administrator Andrew Wheeler, Former Coal Lobbyist, to Serve as Acting Administrator
As Dan Farber just pointed out, President Trump announced minutes ago via Twitter that Scott Pruitt is (finally) stepping down as Administrator of the US Environmental Protection Agency. Deputy Administrator Andrew Wheeler, a former lobbyist for the coal industry, will serve as Acting Administrator pending confirmation of a new Administrator. I have a few quick thoughts. Pruitt's resignation comes after months of scandals in which his ethics have been questioned ...
CONTINUE READINGNEWSFLASH: Pruitt Resigns
Under pressure, Pruitt finally exits EPA.
President Trump tweeted today that he had accepted Scott Pruitt's resignation and appointed Robert Wheeler as Acting Administrator of EPA. Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him gone....
CONTINUE READINGTrump’s Dubious Bailout
It's unlikely that a bailout will have more than a temporary effect. Assuming it holds up in court, that is.
Trump plans to use national security powers to prop up uneconomic coal and nuclear plants. Rick Perry says the government is trying to figure out the cost of this effort – but he doesn’t seem to care what that cost would be. After all, he says, “You cannot put a dollar figure on the cost to keep America free, to keep the lights on.” As I explained in an earlier post, the legal and policy justifications for this plan seem shaky at best. Judging from the r...
CONTINUE READINGThe Chevron Doctrine: Is It Fading? Could That Help Restrain Trump?
The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.
In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like EPA and the SEC. That could be important as Trump's deregulatory actions start hitting the judicial docket. Thus, in the short-run...
CONTINUE READINGPublic Lands Watch: Sage Grouse Plan Revisions
BLM and Forest Service produce draft environmental impact statements for plan revisions
I wrote in the fall about the Trump Administration’s efforts to weaken protections for sage grouse on federal public lands. The next step in that process is currently ongoing – draft environmental impact statements (EIS) for revisions to land management plans for BLM and Forest Service lands. Those EISs are required by the National Environmental Policy Act (NEPA) before the relevant management plans can be revised – only after the plans are revised can the agen...
CONTINUE READINGCalifornia Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes
Court rules for the State in challenge to technology-forcing gun control law
In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun lobby, represented by the National Shooting Sports Foundation (NSSF), relied on the California Civil Code’s maxim of jurisprudence that the law ...
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