The Futility Of An International Climate Treaty
A scaled-down, step-by-step approach might yield more results
Call it Kyoto Syndrome, but each year for the past few decades we hear hopeful things about the upcoming negotiations for the "United Nations Framework Convention on Climate Change." These discussions usually take place in some far-flung world capital, but they seem to always result in a nothing sandwich. In 2009, President Obama embarrassed himself with a last-ditch flight to Copenhagen to try to hammer out something meaningful, ultimately to no avail. This year, hop...
CONTINUE READINGConference On California’s Greenhouse Gas Reduction Plans for “2030 and Beyond”
California State Bar Environmental Law Section will hold daylong event on April 16th in Downtown Oakland
The California State Bar Environmental Law Section is holding a conference on April 16th entitled "2030 and Beyond: The Next Phase of Greenhouse Gas Reduction in California." The event is co-sponsored by Berkeley Law's Center for Law, Energy and the Environment (CLEE). As Legal Planet readers know, AB 32's 2020 due date is soon approaching for greenhouse gas reductions, and the legislature is now debating bills to legislate goals for 2030 and beyond. Meanwhile, Gove...
CONTINUE READINGThe Grid is Always Greener …
New York electricity regulators are working hard on "Reforming the Energy Vision"
It seems to be an undeniable part of human nature. When we consider making changes – whether it has to do with the place where we live, the business we are in, or the partner we choose – we tend to compare the flaws of the thing we know to the ideal version of the new thing we are considering. We even have shorthand for pointing that out: “The grass is always greener on the other side of the fence.” This isn’t necessarily a bad trait. Without it, would people b...
CONTINUE READINGShut Up, Texas
Environmental Factors Smack Down Another Right-Wing Meme
If like me you are tired of Texans gloating about their supposed "miracle," today's post from Kevin Drum brings some good news: For years, business lobbyists complained about what they derided as "job killer" laws that drive employers out of California. Rival state governors, notably former Texas Gov. Rick Perry, made highly publicized visits to the Golden State in hopes of poaching jobs. But new numbers from the U.S. Bureau of Labor Statistics tell a different s...
CONTINUE READINGJustice Thomas Declares War on Rulemaking
His Amtrak dissent would wipe out most regulations of the last 40 years.
It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.. The heart of Thomas’s argument is that only Congress can create general rules governing private conduct, so all executive rule making abo...
CONTINUE READINGThe Unreasonable Risk of TSCA Reform
Caught Between a Rock and a Hard Place
The Frank R. Lautenberg Chemical Safety for the 21st Century Act is no doubt generating significant conflict, including claims of undue industry influence, competing bills from prominent members of the same party, consternation among states, and divisions among health and environmental groups. And it may also be the closest we have gotten to TSCA reform—ever. So it’s worth taking a step back from the fray and taking a close look at its provisions. Overall, it i...
CONTINUE READINGIs Laurence Tribe a Sellout?
Actually, No
Ann's excellent post concerning Jody Freeman and Richard Lazarus' evisceration of Laurence Tribe raises an important question: why on earth would Tribe make such patently absurd arguments? Ann delicately suggests that the money Tribe is getting from fossil fuel interests may have "addled his judgment." I'm not so sure. Obviously, we can't put the man on the couch, but I have a hard time believing that Tribe is just doing this for the money: he's got plenty, so muc...
CONTINUE READINGLarry Tribe Smacked Down by Professors Revesz, Freeman and Lazarus
Argument that Clean Power Plant an "Unconstitutional Power Grab" Ridiculed
Famed constitutional law professor Lawrence Tribe is serving red meat to opponents of climate change regulation. Not only is he representing Peabody Coal in a pending court challenge to the Environmental Protection Agency's Clean Power Plan, but this week he testified before the House Energy and Commerce Committee that EPA, in adopting the plan, is "burning the Constitution." In the process, Tribe is, in my view, destroying his reputation as one of the most imp...
CONTINUE READINGDo the Poor Undervalue the Environment?
The Emerging Sub-Field of "Envirodevonomics" Seeks to Find Out
It's hardly news that environmental quality in the Global South is often disastrous. Even middle income countries such as China and India face enormous pollution problems and destruction of ecosystems. But why? Do people in the Global South not care? Or is something else going on? A new paper in the Journal of Economic Literature by Michael Greenstone of the University of Chicago and Kelsey Jack of the Brookings Institution develops a conceptual framework for look...
CONTINUE READINGCould California Supreme Court Review Of San Diego’s Transportation Plan Soon Be Moot?
Legislature may act this year to enshrine the 2050 greenhouse gas goals at issue in the case
As Rick blogged last week, the California Supreme Court on Wednesday granted review of San Diego's weak transportation plan. I detail the history here, but basically San Diego's regional transportation agency delivered a plan in 2011 that was supposed to comply with SB 375 (Steinberg, 2008), a landmark law linking transportation spending with long-term greenhouse gas emission reductions. Instead, San Diego's agency issued a plan that projected reductions in vehicle mi...
CONTINUE READING