Supreme Court Update: PEPTO and Rinehart
Supreme Court denies review in two important environmental law cases
Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered Species Act as applied to protection of habitat for species present only in one state. I had noted the risks that this case might pose to protections for endang...
CONTINUE READINGOne Year and Counting
He's played his cards. Next year, we'll see how well the other side plays theirs.
In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report but omits a lot of the detail. I will focus on our predictions at that time and how they’ve borne out since then. But first, some general thoughts about the p...
CONTINUE READINGCities are suing oil companies for climate change harms. Could they win?
Join UCLA Law Emmett Institute and Union of Concerned Scientists for January 25 evening talk on new climate lawsuits
Who should pay for the significant costs that cities and other local governments incur in responding to climate change? Los Angeles is the most recent city to explore the idea of suing fossil fuel companies for these harms, following in the footsteps of San Francisco, San Mateo County and a growing cohort of other jurisdictions that have already filed suit. This past year, eight such lawsuits were filed, and counting. Most have been brought by local governments in Califo...
CONTINUE READINGRenewable Energy on the Lower Mississippi
From Missouri to Louisiana to Alabama, fundamental similarities but individual differences.
The states in the lower Mississippi basin have a lot in common. From Missouri down to Louisiana and Alabama, they all voted for Trump. These states – Mississippi, Alabama, Arkansas, Missouri, and Tennessee – were all part of the Confederacy. (I’m stretching geography a bit by including Alabama, since only the top of the state drains into the Mississippi, but it’s a natural pairing with the State of Mississippi.) None of these states has deregulated their electric...
CONTINUE READINGThe Anthropocene and public law
Major doctrinal changes could occur in constitutional law, administrative law, criminal law
In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a rapid increase in the number and scope of ways in which human activities affect the planet; an increasing share of tho...
CONTINUE READINGPublic Lands Watch: Izembek National Wildlife Refuge
Interior Department proposes to authorize road through wildlife refuge in Alaska
Tom Schumann authored this blog post. News outlets report that the Interior Department, reversing a decision made under President Obama, has agreed to a land exchange with an Alaska Native village that would allow construction of a road across a national wildlife refuge that provides important habitat for migratory birds, bears, caribou, and other species. The federal government would cede a 200-acre ribbon through the refuge for a road connecting the village of King ...
CONTINUE READINGThe Anthropocene and private law
Areas such as torts and property will face significant challenges
I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior. In this post, I want to spin out some of the implications of those dynamics for private law in the United States. Here I will cover two examples: tort law and property law. The changes in private law are...
CONTINUE READINGThe Anthropocene and the legal system
Responding to the Anthropocene will produce pressure for substantial changes in our legal system
In my prior two posts, I discussed how humans are increasingly impairing natural systems on a global scale, and how those impairments of natural systems will have major negative impacts on human societies. How will these changes affect the legal system? The first important point in answering that question is that many of the changes in our global natural systems are the result of millions and billions of individual human activities. For instance, greenhouse gas e...
CONTINUE READINGPennsylvania’s Backward Energy Policy
PA's policies look more like the upper South than the mid-Atlantic.
Pennsylvania has a fairly pitiful profile in terms of renewable energy. As of 2015, it got about 4% of its power from renewables, and only about half of that from wind and solar. Nearly all of the remainder was from nuclear (37%), coal (30%) and gas (28%). Perhaps not coincidentally, the state was the nation’s third-largest coal producer in 2016 and the second largest natural gas producer, largely due to fracking. Things do seem to be shifting a bit away from coal: by ...
CONTINUE READINGThe impacts of the Anthropocene
The Anthropocene will produce profound economic, social, and political effects on human societies
In my prior post, I explained how humans are increasingly altering or influencing natural systems at a planetary level, and not just through climate change. Now I want to explain a little about the impacts of those changes on human societies, and the implications of those impacts for how we will respond as societies to the Anthropocene. It is increasingly apparent that climate change will have significant negative impacts on human societies around the world. Those...
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