Region: California

Climate Litigation 2020

Here’s the state of play and some thoughts about the future.

Trump Administration has been a fertile source of litigation. With the election only about three months away, this seems like a good time to see how things stand in climate-related case.  In a nutshell, climate litigation has been a growth industry under Trump, and the Administration has done poorly in court. The Current State of …

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China’s Distinctive Approach to Emissions Trading

It’s getting harder for the U.S. to use Chinese inaction as an excuse.

China’s emissions trading program is slowly forward toward implementation.   It’s by no means a perfect program, but it should result in significant emissions reductions. The Chinese program has some features that make it less cost-effective. Nonetheless, researchers at RFF concluded that the climate benefits will be three times the cost of emission reductions. They didn’t …

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Members of Congress Oppose Trump Administration’s Attempt to Revoke California’s Clean Car Standards

UCLA Law’s Frank G. Wells Environmental Law Clinic files a brief on behalf of 147 members of Congress in the D.C. Circuit

California has long led the fight against pollution from passenger vehicles, setting its first car emissions standards in 1966 before federal rules were established. After the Clean Air Act was passed in 1970, California retained authority to establish a series of more stringent vehicle emissions rules—with the most recent iteration of greenhouse gas emissions standards …

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Yes, It’s That Time of Year Again

If you read Legal Planet, you know why the work we do matters.

Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we only do them twice a year.  But there couldn’t be a more important time for the work we do, given the urgency of the climate crisis and the ongoing policy disaster in D.C. Yes, we’re in the middle of a pandemic and …

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Fighting to Preserve California Vehicle Emission Standards

Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of National Parks Groups

Last week, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to eliminate California’s authority to apply its own automobile emission standards under the Clean Air Act. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) …

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California’s Spiking Coronavirus Cases

Clearly, it’s not just increased testing. We have a real problem.

The number of reported COVID-19 cases in California has risen dramatically.  What’s going on, and what should be done about it? The situation has changed so rapidly that I’ve had to rewrite this story repeatedly since I began work on it last week. Early Last Week When I started work on the story a week …

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New Report: A Cleaner, More Resilient Electrical Grid for California

California’s electrical grid is at the center of our fight against climate change, with aggressive goals to decarbonize through renewable energy. But the grid is at risk as climate impacts become more severe, particularly from worsening wildfires. To help modernize the grid to be cleaner and more resilient, the state will need deployment of clean …

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Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important  implications for administrative law — and for environmental law cases in particular.  Here are three main takeaways. Requiring Reasoned Explanation.  Chief Justice John Roberts reinforced the principle that …

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Tapping the Earth’s Power

Geothermal power could play an important role in decarbonization.

There’s been a lot of recent interest in geothermal energy. It can complement other renewables as they become a bigger part of the power mix. A recent study by DOE suggests that geothermal capacity could reach 60 Gigawatts by 2050. The basic technology is pretty simple: drill down into a reservoir of super-hot water (up …

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Environmentalists Can Help Address Racism Through Housing Policy

Restrictive local zoning affects both the environment and racial justice

As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues …

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