Our Mental Models of Climate Change
How did "Collective Action" turn into "No Action"?
In discussions of how to cut global greenhouse-gas emissions, one of the first things you usually hear (often the very first) is that cutting emissions is a global collective-action problem. To wit: it’s crazy for California (or the United States) to cut unilaterally, because it only works if everyone does it. Or more sharply, we can cut all we want but it won’t make any difference because what about China? (Leave aside the inaccurate claim that China is doing noth...
CONTINUE READINGFaculty Openings in Environmental Law
Some schools are still formulating their hiring plans, but others are clearly in the market.
Ax in past years, I've been collecting information about faculty openings in environmental, natural resources, and energy law. I'll update this as I receive more information. Here's what I've got so far: University of Delaware is seeking a Distinguished Named Professorship in Energy and the Environment. Environmental law scholars are encouraged to apply (UD has no law school, but relationships with several, and has a Legal Studies Program). Expressions of inte...
CONTINUE READINGVolkswagen
What Does That Name Mean Now?
Stunning. But not shocking. That was my reaction to the massive fraud admitted by Volkswagen recently. Stunning in its sheer size and reach; half a million cars in the United States and another ten and a half million globally. Yet not very surprising given the fact that use of mechanical and digital cheat devices has been something of a proud tradition in the automotive industry since the advent of emissions controls. But 11 million cars? And in the context of a marketin...
CONTINUE READINGIs Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?
Exploring potential challenges to EPA’s New Source Performance Standard: PART I
This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice it to say here that I consider the final rule in general to be a legally defensible tool to achieve meaningful climate action. ...
CONTINUE READINGAnti-CEQA Lobbyists Turn to Empirical Analysis, But Are Their Conclusions Sound?
Influential Attacks on California's Environmental Impact Law Aren't Supported By the Data
Every August, as the California legislative session comes to a head, lobbyists attempt to gain support for dramatically scaling back California’s landmark environmental law, CEQA (the California Environmental Quality Act). This year was no exception. Last month, the law firm Holland and Knight, which has been a leading force on this issue, issued a new report designed to gain support for dramatic changes to the law. The report assembles a nearly-complete census o...
CONTINUE READINGLast Week in Climate Change
Is climate action finally starting to develop momentum?
There was some good news last week for those of us who worry about the future of the planet,. Both inside and outside of Congress, Pope Francis spoke about the need to protect the environment and address climate change. Some conservative Catholics are eager to dismiss this as simply another misguided opinion by a left-learning Pope. But his predecessor, Pope Benedict, also spoke out on climate change, as we reported a couple of years ago. There were other notabl...
CONTINUE READINGMixed results in CA medical marijuana legislation
New state law to regulate medical marijuana makes important environmental progress, still much to be done
California is moving towards marijuana legalization. This is a good and important thing for a whole host of reasons, but one important reason is the environmental impact of unregulated and illegal marijuana cultivation on the environment – something that has been discussed both in the news and here on Legal Planet. Those impacts include diversion of water for irrigation (harming fish runs and even endangering community water supplies); the use of toxic chemicals for pe...
CONTINUE READINGPope Francis Goes to Washington
What he said and didn’t say
Pope Francis arrived in Washington, D.C. on Tuesday to begin a much anticipated trip to the United States. While here, the pope will visit DC, New York City, and Philadelphia. Pope Francis, a former chemist, has gained much attention for his calls for action on climate change, in addition to his focus on inequality and poverty. The pope often frames climate change as a moral issue, pointing to the fact that the poorest countries and the most marginalized people will be t...
CONTINUE READINGThe Sustainable Development Goals (SDGs)
Ambitious international targets for sustainability
From September 25-27, the UN is hosting the high-level Sustainable Development Summit and, assuming all goes according to plan, adopting the Sustainable Development Goals (SDGs). The result of years of negotiation with dedicated efforts at transparency and inclusion, the SDGs are a big deal in the international development community. They represent ambitious, consensus international targets seeking to shift the world toward a more sustainable trajectory. The roo...
CONTINUE READINGThe Coal Export Wars Reach Oakland
In seeking an alternative route to Asian markets, coal’s path from Utah to China via Oakland hits a snag
Expanded west coast infrastructure to support the export of western U.S. coal to Asian markets has long been part of the business plans for some of the nation’s largest coal producers. However, attempts by Powder River Basin coal interests to construct or expand coal export terminals in Washington and Oregon in recent years have been dealt fairly high profile setbacks by local officials under pressure from citizen activists. The City of Oakland is now in the sig...
CONTINUE READING