What Does Sports Gambling Have To Do With Environmental Law?
A Lot, Potentially, Following the Supreme Court's Murphy v. NCAA Decision
Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events. Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public. So it's no great surprise that the Murphy case and its impact on sports betting in America have been heavily publicized a...
CONTINUE READINGScenarios
We live in an uncertain world. Scenario planning can help.
When Shell Oil produced a sophisticated scenario of the path to a carbon neutral world in 2070, a lot people took notice. Shell concluded that the “relevant transformations in the energy and natural systems require concurrent climate policy action and the deployment of disruptive new technologies at mass scale within government policy environments that strongly incentivize investment and innovation.” Shell has long been a leader in scenario planning in the business w...
CONTINUE READINGCARB Seeks to Maintain Stringency of California’s Vehicle Standards
Emmett Institute submits public comment in support of CARB’s efforts
Back in the halcyon days of 2012 when EPA, NHTSA, California, and the automakers crafted a grand bargain to adopt national vehicle emission standards, California agreed that compliance with vehicle emission standards adopted at the federal level would be “deemed to comply” with California’s standards. Now, as it becomes clear that the federal government intends to go forward with its legally indefensible plan to significantly weaken those standards, CARB is ...
CONTINUE READINGWhat Trump Gives Appalachia With One Hand, He Takes Away with the Other
Ryan Zinke's public land policies are accelerating the decline of eastern coal.
There is no one who Trump loves more than coal miners, and he has surrounded himself with Appalachian coal miners on important occasions. One of his most fervent pledges was to "end the war on coal." Yet, Trump's public lands policies are helping to accelerate the decline of eastern coal. A recent study by researchers at Resources for the Future unpacks he problems besetting eastern coal jobs. They modeled the profitability of eastern coal mines: "This analysis uti...
CONTINUE READINGFlood Safety, Infrastructure, and the Feds
Standards for levees, seawalls, and other infrastructure urgently need attention.
The federal government is responsible for responding to major floods and runs the federal flood insurance program. It also has millions of dollars of its own infrastructure at risk from floods. Yet the government is failing to deal effectively with flood risks before the fact. Let's begin with the levees that are the main defense against flooding. There are over 100,000 miles of levees across the United States, including about a fifth of all U.S. counties, many of w...
CONTINUE READINGAttempting to Close the Floodgates of Litigation
Can Congress prevent state and federal courts from hearing WaterFix lawsuits?
The journey of California’s proposed delta tunnels project (also known as California WaterFix) has been anything but straightforward and already faces a slew of ongoing legal challenges.[i] Last week, Congress added a different kind of twist when the proposed Department of Interior budget for FY 2019 was introduced in the House Appropriations Committee. The relevant language is found in Section 437, on the second-to-last page of the bill draft: Notwithstanding any ot...
CONTINUE READINGCRISPR Approaches to Environmental Problems
Breakthroughs in gene editing might open the door to improved environmental protections. Or maybe not.
CRISPR is a breakthrough gene editing method. (I can’t refrain from noting that a key role in the discovery was played Jennifer Doudna at Berkeley.) There are potential risks from gene editing to the environment, similar to other types of GMOs. But there may be environmental benefits too. Here are a few that have been suggested to date. Climate adaptation. Some scientists are thinking about ways gene editing could help with climate change adaptation. For instance, ...
CONTINUE READINGMaladaptation
It’s not just that we’re slow in achieving resilience. It’s that often we’re moving in the opposite direction.
Some economic models of climate change come out with low damages because they assume smooth and effective adaptation efforts. That never made much sense. There's a lot of inertia in social systems, and planning major projects can take a long time. Some of what we're seeing lately is worse than that, however. We're seeing cases in which people are doubling down on strategies that don't work or even moving away from resilience. Here are three examples: First, in 2012,...
CONTINUE READINGPlastics and our Future
How to turn off the plastics spout?
Kudos to National Geographic for its stunner of an issue on plastics and the environmental harms they cause. As this latest report and many other recent stories make clear, we are drowning in plastics. Bits of plastic have been found in beer, in major brands of bottled water, in 75% of deep sea fish, in the soils of the Swiss mountains, and at the bottom of the deepest ocean trench on Earth. We make ungodly amounts of plastic each year and then toss it, mostly without ca...
CONTINUE READINGCalifornia’s New Rooftop Solar Mandate
The California Energy Commission's new mandate receives mixed reviews.
The recent decision of the California Energy Commission to require the inclusion of rooftop solar photovoltaics on most new homes has engendered praise from some quarters, and criticism from others. Some see this new policy as a positive force, helping to reduce the cost of solar and contribute to a reduction in greenhouse gas emissions. Others despair policy makers’ tendency to choose technology winners and losers, and argue that the least cost choices are usually the...
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