Public Lands Watch: BLM Methane Rule (Again)
BLM proposes repeal of rule restricting methane emissions from oil and gas development on federal lands
Tom Schumann drafted this blog post. As previously announced, the Interior Department has published its proposal to roll back an Obama-era regulation aimed at reducing climate change-causing methane releases from oil and gas operations on federal lands. The Obama-era regulation—commonly known as the methane rule—would (1) limit the amount of methane produced by wells that could be flared and vented; (2) impose measures to prevent leakage during transportation and ...
CONTINUE READINGThe Carbon Tax — More Attractive Than Ever
Due to the latest tax bill, a carbon tax look like a great strategy when the Dems take power again.
Sooner or later, the Democrats will take control of Congress and the White House, just like the Republicans right now. That's not a political prediction so much as a recognition that the wheel is bound to turn around at some point. At that point, they should give very serious consideration to the possibility of a carbon tax. Recent experience with the GOP's massive tax cut has made the carbon tax more appealing for three reasons: (1) the government will need extra re...
CONTINUE READINGThe Social Cost of Carbon – Revisited
The case for using global rather than simply U.S. impacts.
The estimated harm done by a single ton of carbon in the atmosphere – the “social cost of carbon” -- is a key factor in setting climate policy. The Trump Administration is trying to get its estimate as close to zero as possible. A key part of this effort is to exclude from consideration the impacts of climate change outside the United States. It seems unlikely that courts will impose a mandatory duty on EPA to consider these global impacts. But EPA does have discre...
CONTINUE READINGSurveying the Landscape of Local Zoning and CEQA
First report from Berkeley/Columbia research project shows how Bay Area residential developments negotiate land-use and CEQA review
A group of interdisciplinary researchers from law and planning (which I am part of) just released its first report on how CEQA and land-use law shape the process of regulating and approving residential developments in five Bay Area cities. (I first posted about our research here.) I’ve included the Executive Summary below, and the full report can be accessed here. Our research is ongoing, as we are covering a significant number of additional cities throughout Cal...
CONTINUE READINGTrump vs. Obama: Comparing Their First-Year Records
What Trump accomplish in his first year? In terms of energy & environment, less than Obama.
There’s been a lot of sound and fury, and many proposals are in the works. But what have the concrete results been so far? And how does Trump’s effectiveness stack up again Obama’s? I was prompted to ask that question by a note from Jonathan Rosenbloom, an environmental law scholar at Drake University. I had published a post about eight setbacks for the Trump Administration relating to energy and environment. Jonathan wrote to ask whether I’d considered doing ...
CONTINUE READINGScott Pruitt’s Faulty Logic
There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.
An earlier blog post pointed to a logical gap in the current EPA’s justification for repealing the Clean Power Plan (CPP), the Obama Administration effort to cut emissions from electrical power plants. He makes an argument that EPA can only base rules on actions that polluters can take within a facility, and jumps from there to the conclusion that Clean Power Plan is invalid. But the first point, even if true, doesn't justify the conclusion. Kirsten Engel from the...
CONTINUE READINGGuest Blogger Ken Alex: Working and Natural Lands, From Sources to Sinks
Post #6 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the sixth 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.] Roughly 80% of California land is protected or agricultural. That includes deserts, forests, wetlands, foothills, and multiple vegetative types, as well as farms, dairies, and ranches. While an exact inventory of emissions from working and na...
CONTINUE READINGSmall Hands/Small Infrastructure
It's not really an infrastructure plan. It's a plan for toll road and local tax hikes.
The initial response to Trump's infrastructure plan has been justifiably critical. Jennifer Rubin, my favorite conservative columnist, says the plan doesn't pass the straight-face test. A good deal of it is designed to encourage privatization of infrastructure or to eliminate environmental safeguards for new projects. I want to focus on a different aspect of the plan, however, the focus on revenue generation. Or in other words, user fees and beneficiary taxes, wh...
CONTINUE READINGNinth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters
Maui County can't evade permitting requirements by sending wastewater to injection wells hydrologically connected to ocean waters
It was a great exam question (at least I thought so -- you'll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground through injection wells located a short distance from the ocean require an NPDES permit under the Clean Water Act? Like most great exam questions, this one was drawn from real life. That means it has a real (albeit not necessarily conc...
CONTINUE READINGEight Setbacks for Trump
Trump hasn’t had things all his own way. Not by any means.
The Trump Administration has begun some bold initiatives but it’s too soon to know how they will fare. It also had some early success with blocking Obama’s regulation in Congress. But it has also had some significant setbacks, with courts or Congress rejecting positions it had embraced. Those setbacks make it clear that, bad as Trump is, he’s not likely to have things all his own way. Here are some of the major setbacks. The Tenth Circuit held that the governm...
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