2016: 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...
CONTINUE READINGKey Environmental Developments Ahead in 2016
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most of the environmental initiatives of the Obama Administration, undoing all the progress that has been made on climate chang...
CONTINUE READINGA Minor Christmas Miracle from Congress
Somehow, Congress managed to pass a pro-environmental law. Amazing!
Just before Christmas, the NY Times reported that Congress passed the Microbead Free Waters Act of 2015. The law bans nearly invisible small beads that have been added as abrasives to products like toothpaste. The trouble is that the beads get into waterways, where pollutants like PCBs adhere to their surfaces. Even more amazingly, the bill passed the Senate based on unanimous consent, with not even Ted Cruz objecting. There were a couple of reasons why this law ...
CONTINUE READINGThat Takes the Prize!
National Science & Technology Medals for Renewable Energy Research
The White House announced the names of the scientists and engineers who will be receiving National Medals next year. I was very pleased to see that one of the winners of the National Medal of Science is Paul Alivisatos from Berkeley. Dr. Alivisatos is a chemistry professor who is also Director of the Lawrence Berkeley National Laboratory (Berkeley Lab, and of the Kavli Energy Nanosciences Institute (ENSI). His research has identified key applications of nanocrys...
CONTINUE READINGStudent Guest Blogger Terra Laughton: Perspectives on COP21
Terra Laughton, UCLA School of Law JD class of 2017, shares her perspective on attending the Paris climate negotiations
I am a second-year student at UCLA School of Law. I recently returned from two weeks in Paris attending COP21. My classmates and I had already boarded our plane at Charles De Gaulle when the Paris Agreement was officially adopted—we learned of the news upon landing in Los Angeles. While it would have been exhilarating to share in the excitement and relief of that final moment, I remain convinced we were there for the most fascinating part, the preceding ten days of...
CONTINUE READINGNIMBYs Gone Even Wilder!!!
Newport Beach Wants to Honor Veterans and Seniors by Excluding Them
Christmastime is here, and what better way to foster goodwill towards all than by trying to exclude affordable housing from your community. And not just any affordable housing: affordable housing for seniors and veterans: A plan for a 12-unit affordable housing project for veterans and seniors in the Newport Shores neighborhood was blasted by residents who complained it was too expensive and expressed concerns about who would live there.... ...of the dozens of ...
CONTINUE READINGStudent Guest Blogger Sarah Kozal: India, Technological Innovation, & the Energy Sector
Sarah Kozal, UCLA School of Law JD class of 2016, shares her perspective on attending the Paris climate negotiations
For students, much of the excitement of attending the COP as part of a country’s delegation comes from the opportunity to sit in multi-party negotiations. But when nearly the entire second week in Paris turned into bilateral negotiations, a break from the crazy schedule of article-focused meetings gave us a chance to explore the multitude of side events hosted by delegations, NGOs, and private industry. Hashing out the specifics of the text is of course important, but ...
CONTINUE READINGTop 10 Environmental News Stories of 2015
More goods than bad, but some of each.
Here are the top ten stories, at least as I see them: A Warming World. 2015 will almost certainly be the warmest year on record. This is one more confirmation of recent studies indicating that either there was no climate hiatus or it has ended. Saving Wetlands and Water Bodies. EPA and the Army Corp issued their long-awaited guidelines on federal jurisdiction under the Clean Water Act. The rules are now tied up in litigation. Renewable Energy. As part of an ove...
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