Questioning the Questioners
Examining the role of moderators in Presidential debates
On Sunday night, the three remaining candidates for the Democratic presidential nomination took the stage in South Carolina for the third Democratic primary debate. I was pleased that one of the video questions of the night asked the candidates for their plan to address climate change. Although the Democratic candidates have discussed climate change policies in the previous debates as well, I felt like this was the first direct question on the subject all year. It seemed...
CONTINUE READINGGoodbye, Wawona?
Trademark Dispute Threatening Iconic Yosemite Names Could All Be A Big Poker Game
It's great doing environmental law in no small part because it is interdisciplinary: not only do environmental lawyers and scholars have their own field, but they engage with scientists and engineers, as well as specialists in other legal areas (such as constitutional or tort law). Still, I had never seen an environmental trademark controversy. Until now: Historic hotels and other beloved landmarks at Yosemite National Park will soon undergo a name change in a m...
CONTINUE READINGThe Perverse Growth of the “Job Killing” Meme
As unemployment goes down and down, talk about "job killing regulations" goes up and up.
We've had a number of posts about the claim that regulations cause major job losses. The evidence doesn't support this claim. (See this post from October). But the claim at least seemed understandable in the depths of the recession, when people were desperately worried about unemployment. The weird thing is that as unemployment has gone steadily downward since 2009, there's more and more talk about "job killing regulations." It's a bit like anorexia, in which the...
CONTINUE READINGSacramento Lunch Briefing On Low-Carbon Biofuel Policies For California
Free event in the State Capitol on Friday, January 22nd
As California commits itself to reducing greenhouse gas emissions from the transportation sector, what role will biofuels play as a petroleum alternative? And how can California ensure that more low-carbon biofuels are produced in-state, especially given the competition from cheap oil and cheap international biofuel? State officials and biofuel producers will address these questions at a free legislative lunch briefing next Friday, January 22nd, in the Capitol. The ev...
CONTINUE READINGWant an Economy-Wide Cap on U.S. Climate Emissions? Consider This Corner of the Clean Air Act
New report on Section 115 of the Act suggests an interesting post-Paris approach
A largely-untapped provision of the Clean Air Act authorizes the U.S. Environmental Protection Agency to develop and implement an economy-wide, market-based program to reduce domestic greenhouse gas emissions and achieve the Obama Administration’s Paris Agreement pledge, according to a report released today by several coordinating law school centers, including the Emmett Institute at UCLA. See here for the paper. Fellow blogger and UCLA Law professor Ann Carlson au...
CONTINUE READINGClimate Change, Energy, and the State of the Union
Quite a focus on climate change, this time around.
"Look, if anybody still wants to dispute the science around climate change, have at it. You’ll be pretty lonely, because you’ll be debating our military, most of America’s business leaders, the majority of the American people, almost the entire scientific community, and 200 nations around the world who agree it’s a problem and intend to solve it. "But even if the planet wasn’t at stake; even if 2014 wasn’t the warmest year on record – until 2015 turned out...
CONTINUE READINGJames Salzman of Emmett Institute Appointed to U.S. National Drinking Water Advisory Council
Professor James Salzman of the Emmett Institute on Climate Change and the Environment has been appointed to the U.S. National Drinking Water Advisory Council, a federal advisory committee that supports the Environmental Protection Agency in its duties and responsibilities to the national drinking water program. Professor Salzman is the author of “Drinking Water: A History” (Overlook Duckworth, 2012), which Nature called "[an] absorbing chronicle of our complex r...
CONTINUE READING2016: The Year of Living Dangerously
2015 was a year of forward movement. Much of that could be in jeopardy this year.
We are at the start of a year of danger for environmental policy. 2015 saw many accomplishments in environmental law: the Administration issued the "waters of the United States" and Clean Power Plan regulations, a Supreme Court ruling in favor of EPA's cross-state air pollution rule, and the Paris Agreement on climate change. Much of this progress is in jeopardy this year. The most obvious source of jeopardy is the November election. The Republican presiden...
CONTINUE READINGClimate Politics as a War of Attrition
Don't expect a quick end to battles over climate policy. It could be a long war.
It may be a mistake to assume that opponents of climate policy will see the handwriting on the wall and gracefully give way to the inevitable. In politics, decisions are rarely made for all time, and agreements between opposing sides may not be enforceable. In such situations, game theorists have proposed war-of-attrition models for conflicts. In these models, even where one player has a natural advantage over the other, wars of attrition may last a long time.. In a typ...
CONTINUE READINGTraitors, Militias, Welfare Moochers, or Lobbyists?
Those Who Took Over the Oregon Wildlife Refuge are Robbing the Rest of Us
The Internets are filled with excellent (and some not-so-excellent) commentary on the right-wing militia takeover of a building in Oregon's Malheur National Wildlife Refuge: I recommend this piece from the great Charles Pierce on the meta-political aspects. But the standoff is suffused with legal issues, and for Legal Planet readers, particularly environmental legal issues. At FiveThirtyEight, Leah Libresco points out something that natural resource scholars and poli...
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