The Case Against Sulking
States will only lose out if they refuse to cooperate with the Clean Power Plan.
Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court. He has been accused of inciting lawless behavior on the part of state governments. Let me come to his defense on this. (How often do I get to do that??) The states are under no legal obligation to submit plans. The Clean Air Act does not require them to do so. Coercing states to administer a federal regulatory program would violate the Constitution, at ...
CONTINUE READINGMore on the Governor’s war on lawns
The Executive Order misses some golden opportunities for the Golden State to get a handle on agricultural water use
As you no doubt know by now, on April Fools' Day Governor Brown issued an executive order relying on his emergency powers to impose new statewide restrictions on water use. As has been widely noted in the media (for example by the L.A. Times and Sacramento Bee) and by our own Jonathan Zasloff, Executive Order B-29-15 focuses almost entirely on urban water use, which accounts for only 20% of California's consumptive use, and essentially gives a pass to agriculture, wh...
CONTINUE READINGAre California’s New Mandatory Water Restrictions an April Fool’s Day Joke?
It's Time to Pressure Alfalfa Growers to Stop Wasting Water
Now that Governor Brown has ordered the state's first mandatory water restrictions, it's important to keep one number in mind: one-sixth. That is the amount of California water that goes to one crop: alfalfa. It's a pretty low value crop. And it is not even for human consumption directly; it is used for cattle feed. It could be grown much more easily in the better-watered eastern US, but why should farmers worry about it? They are getting free water based on anti...
CONTINUE READINGShould the WTO Run International Climate Policy?
William Nordhaus' New Paper Implies That It Should
Last Thursday, Ethan explained the difficulties with attempting to craft a new international climate treaty, and suggested biting off more snackable chunks to work on the problem piece-by-piece (a recommendation I have also made). Now, hot off the presses, the new American Economic Review features a lead article by William Nordhaus suggesting climate clubs as a partial solution: Notwithstanding great progress in scientific and economic understanding of climate chang...
CONTINUE READINGNews from a Warming World
Coal versus wind power; China's air; poll results; Ted Cruz; arctic ice.
There’s been a lot of interesting environmental news recently, much of which seems to have gotten little notice. The topics range from U.S. wind power (growing) to U.S. coal power and Arctic sea ice (both shrinking), with a bit of Ted Cruz to spice things up. Here’s the round-up: Out with coal, in with wind. The Energy Information Administration reports that new electrical generating capacity this year will be predominantly wind, solar, and natural gas, with w...
CONTINUE READINGThe 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...
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