Going Private

A new book argues that businesses and individuals can take the lead in reducing emissions.

Beyond Politics: The Private Governance Response to Climate Change, by Michael Vandenbergh and Jonathan Gilligan, is an ambitious effort to demonstrate the promise of non-governmental efforts to reduce emissions. They argue it is a mistake to pin all our hopes to one climate strategy like a national cap-and-trade system. For this reason, they argue that we should look beyond politics to the private sector – both companies and individuals -- for help. Vandenbergh and...

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Guest Blogger Ken Alex: Political Will to Address Greenhouse Gas Emissions

Post #9 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the ninth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] I said at the outset of these blog posts that political will and the issue of scale are bigger hurdles to our GHG reduction goals than technology and finance.  I do not discount the technological and financial challenges, but we can already se...

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Red-State Utilities Go Green

Utilities are moving away from coal & toward renewables, even in GOP states.

Even in Republican states, there has been a regulatory movement to expand the use of renewables. (see this report for more.) Perhaps even more surprisingly, some utilities and generating companies that now use a lot of coal are voluntarily turning to renewables. Here are some recent examples: Ohio. In February, AEP explained that “Our customers want us to partner with them to provide cleaner energy and new technologies, while continuing to provide reliable, affordab...

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Supreme Court to Decide Another Major Property Rights Case

The U.S. Supreme Court's 2018-19 Term is shaping up as a most consequential one when it comes to the intersection of environmental regulation and constitutionally-protected property rights. Today the Court agreed to hear and decide an important "regulatory takings" case: Knick v. Township of Scott, Pennsylvania, No. 17-647. (Recently, Legal Planet colleague Holly Doremus wrote about another important environmental case the justices have agreed to resolve, one involving t...

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Guest Blogger Ken Alex: Reducing Emissions is Not Enough

Post #8 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the eighth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Under the Paris Agreement, countries agreed to hold the increase in the global average temperature to “well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.â...

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Nov. 2018: Senate Races

The odds are that the Republicans will continue to control the Senate in 2018. The electoral map is very unfavorable to the Democrats, with many vulnerable Democrats up for reelection and only two such Republicans. But even if the GOP keeps control, their victory margin matters. It will determine how much maneuvering room that McConnell has to work with (currently only a single vote). The margin will also set the stage for the 2020 elections, when the Democrats face a mo...

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The Return of Federal Common Law

Will the federal courts take over control of climate change litigation? One judge says so.

I’m traveling but wanted to get in a few quick words about Judge Alsup’s decision today in the California climate change litigation. This is a really complex issue, and I wanted to try to unpack it a bit. In general, except where a federal statute or constitutional provision is the basis for an action, legal disputes are governed by state law, whether cases are filed in state court or federal court. There is an exception, however, for matters of special federal co...

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Progress on California water data

Michael Kiparsky and Alida Cantor

Water data has become quite a hot topic in California, and rightly so: throughout the state, decision-makers desperately need better information to guide their efforts to better manage this resource. Recent legislation has gotten us to the starting line, but how well new data platforms ultimately serve water management will depend on clear thinking and bold action during implementation. Fortunately, there has been quite a range of recent activity on water data, including...

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Privatizing Paris

With the U.S. faltering, it’s time for corporations to begin a collaborative effort to cut emissions.

Many major corporations bemoaned Trump’s withdrawal from the Paris Agreement and pledged to continue their own environmental efforts. Why stop with acting solo? Why not band together? There’s power in joint action. Here are four options, from simplest to most ambitious. Taking the Paris Agreement Private. Under the Paris Agreement, nations agree to engage in certain types of monitoring to implement emissions cuts that they set themselves. Companies have to moni...

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Ensuring Public Access to California Waterways–In Plain Language

New California State Lands Commission Public Access Guide Required Reading for Coastal Enthusiasts

California residents are passionate about their coastal and inland waterways--and especially their ability to access and enjoy these natural resources.  It was concern over being "walled off from the coast" by private development that prompted California voters in 1972 to approve an initiative measure that created the California Coastal Commission and led to California's Coastal Act--the strongest coastal planning and regulatory statute in the nation.  Indeed, publ...

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