California 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...
CONTINUE READINGWillful Ignorance
As with climate science, Trump is in denial about public health issues.
Anti-vaxxers are a lot like the climate denial crowd, but with two differences. First, there hasn’t been any corporate money fomenting skepticism about vaccines, unlike climate denial. Second, anti-vaxxers are sprinkled across the ideological spectrum. Still, the similarities between these two forms of anti-scientism are greater. One big similarity: both anti-science views have the support of the man who will become president tomorrow. Everyone knows about his tw...
CONTINUE READINGBetting on Batteries
Was the Aliso Canyon leak a blessing in disguise?
As reported on the front page of today's New York Times, 2016 was the third straight year to set a record for highest temperature, the first time the Earth has seen three record-setting years in a row since WWII (1939, 1940, and 1941 each set records, but now 1941 only ranks as the 37th hottest year). The urgency of climate change has never been greater, but, as reported in just yesterday's New York Times, even the most ambitious leaders on the issue in the U.S. are fal...
CONTINUE READINGThe Owls in the Vineyard
It's smart to take precautions against climate change. More can be done, even in the Trump era.
At night, you can hear the hooting of owls in the vineyard. The owners have deployed owls and falcons to control the pests that threaten the Kendall Jackson vineyards due to milder winters. But birds of prey aren't the only things flying above the vineyard. There are also drones, which are used to observe small differences in the color of the vines that are clues to water needs and other issues. The goal is to help the vineyard flourish despite a drier, warme...
CONTINUE READINGBears Ears: A Monumental End to the Obama Era
Will the Antiquities Act survive the new administration?
With one week left in his second term, President Obama's "monumental" legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in Alabama, and the Reconstruction Era National Monument in South Carolina. All ...
CONTINUE READING