A Big Year on Legal Planet

Planet Earth evolving

Here are the 12 most popular topics in environmental law and climate policy on Legal Planet based on our most-read posts from 2023.

It’s an understatement to say that 2023 was a transformative year for the U.S. climate movement. We saw rapid implementation of landmark federal climate laws, a series of big actions on methane emissions, a deal on Colorado River water usage, and bigger-than-expected climate victories in Sacramento. EPA’s control of toxic chemicals was tested, the U.S. renewed talks with China (so did California’s governor), and young people won big in a first-of-its-kind clima...

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What EXACTLY Did the UN Conference Decide?

OK, I’m a lawyer: I think it’s important to look at the text.

Having read a lot of takes on the outcome of the latest UN climate conclave, I wanted to see for myself what the agreement says. The key provision in the latest international agreement on emissions reduction is section 28 of Article 2(A)..  It states the position of the Conference of the Parties — the consensus position of all 200 countries — emission reductions.  This group of nearly all  the world's nations says that it: [R]ecognizes the need for deep, rapid an...

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The Children’s Crusade

The latest climate lawsuit is well intended, but it's almost certain to lose and could do serious harm.

The Children’s Trust has filed another lawsuit, one that gives me serious qualms. I know their hearts are in the right place, but I wish they had thought twice about filing this case. I struggle to find any benefit from the litigation. It has no apparent chance of success. Worse, it disparages people in the federal government who have devoted their lives to fighting climate change.  And it may also feed into the dangerous message that there is no real difference be...

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How Will Americans Learn to Love the Inflation Reduction Act?

Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?

Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. Biden did so without uttering the word “climate.” I wrote then about this decision to stay quiet on the climate impacts of his legislation, asking “...

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit last week is important for two reasons. It clarifies an important procedural issue applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator.  Since you’re probably more interested in the second point than the first one —unless you’re a real administrative law geek— let’s start with that one. The grid operator i...

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Food and Farming Makes the Menu at UN Climate Talks

Guest contributor Antonia Moure Richard of UCLA Law reports that regenerative agriculture was a big focus of COP28, but industrial farming was largely ignored.

At the United Nations climate conference known as COP28, it was easy to come to the realization that we must confront every aspect of the climate crisis, and we must do it right now. That includes transforming our food systems. Agriculture has historically been left out of the conversation at COP. That changed this year with the Declaration on Sustainable Agriculture, Resilient Food Systems, and Climate Action, which was signed by 134 world leaders. This agreement...

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The Year in California Climate Laws

The California statehouse

Looking back at California’s 2023 legislative session, our new environmental laws represent a solid step forward—bigger than expected.

If 2022 was a Rivian with all the bells and whistles, this past year was more a Ford Lightning. After a landmark 2022—a record $54 billion committed to climate spending and legislation that codified the state’s goals of carbon neutrality by 2045 and 90 percent clean electricity by 2035—a significantly gloomier budget forecast gave rise to fears that California’s climate programs would take a hit. While 2023 was by no means the blockbuster year 2022 was, in ma...

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How much should we worry about climate tipping points?

A new report suggests climate tipping events may be inevitable, and urges transformative approaches to climate policy

It’s hard to keep up with the deluge of climate news around COP28. Climate damages are growing. Carbon budgets are running out. Temperature records are being re-written. Despite new pledges, climate action remains hugely insufficient and grossly unfair. And the world may be unable to avoid passing critical climate tipping points.That last comes from a new review of the state of Global Tipping Points, produced by more than 200 scholars, coordinated from the University...

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The Mystery of the Missing Stay Order

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

The steel industry applied for Supreme Court intervention on what they claimed was an urgent issue of vast national importance. Chief Justice Roberts requested an immediate government response. That was six weeks ago.  Since then . . . crickets. No doubt you’re on the edge of your seat, wondering about the impending crisis facing the industry and the earthshaking legal issue in the case.  And maybe also wondering why this is the first you’ve heard about it. H...

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The COP28 Halftime Report

COP28 facility

Has the annual UN climate conference grown too big to function? Takeaways from Week 1 of COP28 in Dubai.

We’ve reached the midpoint of the annual, two-week international climate conference known as COP (for “conference of parties”), so it’s a good time to reflect on what’s gone down in Dubai.  I’m attending along with a delegation of UCLA Law students and colleagues here to follow a range of issues, from methane regulation to China’s global role to regenerative agricultural practices. Having been to more than a handful of these conferences going back t...

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