The Ninth Circuit’s Top Environmental Law Decisions of 2016
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals' Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That's true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes Co., dealing with the question of when a wetlands determination made by federal regulators under the Clean Water Act is subject to review b...
CONTINUE READINGThe California Supreme Court’s Top Environmental Law Decisions of 2016
CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court's Environmental Docket
While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court. To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues and cases. Here is my list of the California Supreme Court's five most important decisions from this past year: 5. Orange Citizens f...
CONTINUE READING2016: The Good, the Bad, and the Ugly
“But except for that, how did you like the play, Mrs. Lincoln?” It’s an old joke, for all I know going back to 1865. That was 2016,too, in a way. Like Mrs. Lincoln’s evening at Ford’s Theater, 2016 contained a lot of good things, some bad things, and then disaster. Here’s a list of each. The Good The Paris Agreement. The Paris Agreement, negotiated at the end of last year, went into force on November 4. Before that could happen, the Agreement had to...
CONTINUE READINGWhoops, We Almost Forgot to Ask You For Money!
In otherwise grim times, Berkeley & UCLA are supporting California's forward environmental progress.
Unlike a lot of blogs, we don't plague you with requests for money. But it's that time of year And this is your last chance for a deductible 2016 gift to support positive change in a really negative time for our country. Legal Planet is a joint product of the Berkeley's Center for Law, Energy, and Environment (CLEE), and UCLA's Emmett Institute on Climate Change & the Environment. It's become clear that the State of California will be a key part of efforts to...
CONTINUE READINGUpdate on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants
UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts
Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last week, my colleague Sarah Duffy and I filed an amicus curiae brief in the litigation ov...
CONTINUE READINGCheaper, Cleaner Power
The cheapest new power today: gas, wind, solar. Almost never coal.
What's the cheapest way to add power to the grid where you live? Unless you live near Lake Superior, the answer isn't coal -- not even in West Virginia or Kentucky. Beyond that, the exact answer depends on just what you means by cheap. A major study from UT Austin digs deep into this question. If you only count generating costs, it's natural gas in most places except for a wedge stretching from West Texas to North Dakota and east to Northern Illinois. Wind is ...
CONTINUE READINGWill Deregulation Grow the Economy?
The Trump plan of deregulation and tax cuts has been tried. It didn't work.
President-elect Trump has promised to unleash economic growth by cutting taxes and regulation. In terms of regulations, he has said: “One of the keys to unlocking growth is scaling-back years of disastrous regulations unilaterally imposed by our out-of-control bureaucracy. “Regulations have grown into a massive, job-killing industry – and the regulation industry is one business I will put an end to.” Cut taxes and regulation, boost the economy? Is Trumpo...
CONTINUE READINGIt’s Déjà Vu All Over Again
Reagan, Gingrich, Bush -- and Now Trump. This is a battle we've fought before.
As the choice of Scott Pruitt to head EPA confirms, we’re about to face a radical attack on environmental protection. We've seen this movie before. Three times, actually, starring Ronald Reagan, Newt Gingrich, and George W. Bush. So this feels in a way like the fourth installment in a horror film franchise. Call it "Return of the Reg.-Eating Zombies, Part IV." Here are some quotes from the 1980 and 2016 Republican platform. They're pretty hard to tell apart: "Ano...
CONTINUE READINGGOP Mayor: “Let’s Talk About the Octopus in the Room”
An octopus in a parking garage? It's a sign of the times.
Jim Cason, the GOP mayor of Coral Gables, Florida, wants us to talk about climate change: "'We're looking to a future where we're going to be underwater, a great portion of South Florida,'" Cason said. 'For all of us down here, this is really not a partisan issue. We see it. We see the octopus in the room, not the elephant.'" (E&E News) An octopus in the room? It's a striking image. If you're wondering what prompted that unusual metaphor, Rob Verchick and I di...
CONTINUE READINGWhat’s wrong with a business-heavy presidential cabinet?
It's not just the revolving door problem or the different ways of conducting work; it's the difference in fundamental purpose
I know this doesn't sound like a post about environmental law and policy, but bear with me. There is a connection. Donald Trump ran for president largely on the claim that his experience as a businessman, and lack of experience as a politician, qualified him to shake up Washington. Just enough people in just enough states bought that claim to give Trump an electoral college win. Trump himself has no experience in the public sector. As he prepares to take over the O...
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