Watching over our public lands
Keeping track of what is happening with our federal public lands
There is a lot of discussion about possible changes in environmental law post-election. One area that has received some attention is public lands. The federal government owns a little less than one-third of the lands of the United States – many of those lands are ecologically valuable, and are components of our priceless national park system, and refuges for our wildlife and fish. There have been proposals for large-scale transfers of those public lands to the st...
CONTINUE READINGTrump’s Anti-Regulation Executive Order
Trump hates environmental, health, and safety regs. But we knew that.
This morning, Trump issued an executive order intended to kill all new regulations by creating impossible obstacles. It requires that an agency repeal two old rules and offset the entire cost of the new rule before it can do anything to protect public health, safety, or the environment. It's a terrible idea. But at the end of the day, it won't make much difference. Here's why. There are two categories of regulations. There are regulations that an agency has di...
CONTINUE READINGScience Under Siege
There are troubling indications of a campaign to hide scientific information from the public.
On January 25, Reuters reported that EPA had been ordered to pull down its climate change page. That didn’t end up happening, but all use of social media was banned and some documents were axed, such as an FAQ about the scientific consensus. Meanwhile, data on international carbon emissions has vanished from the State Department page. For the past decade, the End of Term project has made an effort to create an archive of government information before presidential trans...
CONTINUE READINGCalifornia’s Best Investment in the Fight Against Climate Change
Trump is on a search-and-destroy mission against climate science & energy research. We need to fill the gap.
How can California best move the ball on the climate issue? Ann Carlson and I have just published an op. ed. in the Sacramento Bee making the case for a state climate-research fund and explaining how it could be implemented. Here’s why investing in new knowledge is such an important move for California. California can make the most impact if we get a multiplier effect, with our investments leading to further action by others. Knowledge is the most portable of all co...
CONTINUE READINGCalifornia Appellate Court Hears Arguments in Cap-and-Trade Program Challenge
Court of Appeal Justices Appear Inclined to Reject Industry's Constitutional Attack on State's Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California's ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air Resources Board. Both lawsuits attack the legality of California's cap-and-tr...
CONTINUE READINGEarth Day, 2017 Should Be The Next Massive Rally
The 47th Earth Day falls this year on April 22, a Saturday. The fortuity of a weekend date makes Earth Day the perfect opportunity to marshall the energy of the wildly successful Women's marches around the world to demand that Congress and the Trump Administration protect our planet (hat tip to Emmett Fellow Julia Forgie for suggesting the idea). Perhaps no policy area has faced more immediate attack from the new Trump administration than the environment. Today, h...
CONTINUE READINGWelcome to the World of “Alternative Facts”
Don't expect the idea of evidence-based policy to have much sway in this Adminstration
Kellyanne Conway, one of Trump's key advisors, has come up with a new term for deliberate falsehoods: "alternative facts." It’s a concept that does not augur well for the next four years. And it hasn't gone unnoticed: the hashtag #alternativefacts is spreading like wildfire. Here's how the alternative facts concept surfaced. Upset by press reports that the inauguration crowd was smaller than Obama’s, the White House Press Secretary Sean Spicer called the press i...
CONTINUE READINGPresident Trump’s Supreme Court Nominee & Murr-murs of Behind-the-Scenes Supreme Court Intrigue
Will Trump's Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?
In his wide-ranging, long-awaited and (to put it mildly) colorful press conference last week, President Trump promised to announce his nominee to the U.S. Supreme Court within two weeks of taking the oath of office. On this pledge, at least, I believe him. Indeed, I'll be surprised if he waits that long. Senate Republicans refused to give President Obama's Supreme Court nominee Merrick Garland so much as a Judiciary Committee hearing over the last ten months. B...
CONTINUE READINGScott Pruitt, Senator Harris and the California Question
California leadership in peril?
Scott Pruitt, Donald Trump's nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he'll use the Clean Air Act to regulate greenhouse gases). But his response to California Senator Kamala Harris's question about California's special authority to regulate ve...
CONTINUE READINGNew Study: California Climate Policies Bringing Over $13 Billion To San Joaquin Valley
Report commissioned by Next 10 and written by Berkeley Law's CLEE and UC Berkeley's labor center
Climate policies are under political attack, both in California and nationally. The common argument is that these policies hurt the economy and destroy jobs, particularly in disadvantaged communities. To assess those claims, the Center for Law, Energy and the Environment (CLEE) at UC Berkeley Law and UC Berkeley's Donald Vial Center on Employment in the Green Economy, working with the nonpartisan nonprofit Next 10, released today the first comprehensive cost/benefit s...
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