California Governor Jerry Brown Launches Initiative Effort to Achieve Climate Change Goals

Governor Brown Decides to Play Offense in High Stakes Political Battle Over Next Stage of State Climate Change Mitigation Efforts

One of 2016's biggest political battles in California is over whether and how the state will pursue its ambitious climate change mitigation goals past the year 2020.  California's landmark Global Warming Solutions Act--better known as AB 32--committed California to roll back aggregate state greenhouse gas emissions to 1990 levels no later than 2020.  Through the aggressive efforts of former California Governor Arnold Schwarzenegger, current Governor Jerry Brown and the...

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Rio’s Dirty Water

Everyone seems to be talking about the pollution in Guanabara Bay

With the Opening Ceremonies for the 2016 Summer Olympics set for tomorrow night, the world’s attention is turned to Brazil. For someone with a great love for the country, it is disheartening to see the series of articles in the run-up to the Olympics emphasizing the negatives—challenges due to political turmoil, security concerns, the Zika virus, and water pollution in Rio de Janeiro. Rio, of course, is not the first Olympic city to face water pollution challe...

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The Libertarian Party and the Environment

The Libertarian Party platform leaves many open questions about environmental protection.

A number of people seem drawn to the Libertarian Party during this election cycle.  As it turns out, the Party believes not only in minimal government but a minimal platform.  Compared to the platforms of the major parties, the Libertarian platform is blessedly brief. (It also seems notably more purist than the Party's presidential ticket.)  Here's all of what it says about the environment: "Competitive free markets and property rights stimulate the technological i...

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Pets, Parks, and Presidential Politics

Some unusual topics for a presidential campaign

While preparing a comparison of the candidates’ environmental positions, I saw some interesting positions by Hillary Clinton that didn’t fit neatly into the comparison. They deal with topics that aren’t usually covered in national campaigns: city parks, animal welfare, and improved stewardship by ranchers and farmers. I’ve written previously about the importance of city parks. Clinton’s website includes an interesting discussion of parks. She Clinton pledges...

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The New NEPA Guidance

The new guidance on climate change is a step forward, though it could have been stronger.

The White House Council on Environmental Quality (CEQ) issued new guidance today on considering climate change in environmental impact statements.  Here are the key points: Quantification.  The guidance recommends that agencies quantify projected direct and indirect emissions, using the amount of emissions as a proxy for the eventual impact on climate change.  The EIS should also discuss the impacts of climate change, referring to government reports on the subje...

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The Aviation Endangerment Finding

While we are watching the political conventions, EPA took an important step forward

Last Monday, EPA issued a formal finding that carbon emissions from commercial aviation endanger human health and welfare.   Understanding the significance of the finding requires a little background. Section 231(a)(2) of the Clean Air Act directs the EPA Administrator to "issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in his judgment causes, or contributes to, air pollution which...

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Whither the 2016-17 Court on Environmental Cases?

Docket so far limited to a significant takings case, Murr v. Wisconsin

So far, the docket for the U.S. Supreme Court's term beginning in October includes no significant statutory environmental case.  It does include an important takings case that could limit or expand the land use powers of all levels of  government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels.  Whether the Court ultimately decides looming and giant environmental cases -- including those involving the fate of wetlands protecti...

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157 Days. . . And Still, Congress Has Not Acted

The President requested emergency funding to fight Zika on Feb. 22. Now the virus is starting to spread.

This just in from the Washington Post: "Florida officials on Friday announced the first local spread of Zika virus through infected mosquitoes in the continental United States. "Gov. Rick Scott made the announcement during a press conference Friday after a health department investigation into four suspected cases in Miami-Dade and Broward counties." On Wednesday, the FDA directed South Florida blood banks to stop accepting blood donations until they can be tested for...

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A Clash of Visions

The two parties couldn't disagree more about energy policy.

In every election, there are people who claim that both parties are alike. That’s certainly not true about energy policy this year.The distance between the tickets can be expressed numerically: Kaine has a 91% lifetime score of from the League of Conservation Voters, while Pence’s is 4%. And the differences between the presidential candidates are equally stark. Here is what Donald Trump has promised for his first 100 days in office in terms of energy: “We�...

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Remember the Unitary Executive Theory? The GOP Platform Didn’t.

The platform casually blew off a key conservative belief.

The Republican platform contains a fascinating sleeper provision. It proposes to “transform the EPA into an independent bipartisan commission, similar to the Nuclear Regulatory Commission.” What makes this proposal so interesting is that it violates what used to be a core tenet of conservative belief: the unitary executive doctrine. Under the unitary executive doctrine, independent agencies are unconstitutional. All agencies must serve directly under the President�...

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