Drought and the Supreme Court
Does the Court's Decision in the Raisin Case Imperil Water Management?
When I first read Rick's writeup of the Supreme Court's decision in USDA v. Horne, concerning the federal government's Depression-era system of “marketing orders" that required farmers to set aside a percentage of their raisin crop in a government-controlled account, I was worried about water. And that's not just because I always worry about water. Horne turned on whether the federal program is better considered as a physical taking or a regulatory one. That...
CONTINUE READINGBreaking News: Supreme Court Rules Federal Agricultural Program a Taking
Justices Uphold California Raisin Growers' Fifth Amendment Challenge
The United States Supreme Court today ended a David-and-Goliath-style, 10-year legal battle between a pair of California raisin growers and the federal government, declaring that the government triggered a compensable taking of the growers' private property when a federally-controled agricultural board ordered seizure of a portion of their crop. The Court's decision can be accessed here. Chief Justice Roberts' majority opinion found the U.S. Department of Agricultur...
CONTINUE READINGWhy Paris won’t be Copenhagen
Christiana Figueres, head of the UN climate convention, makes the argument at UCLA
As Executive Secretary of the UN Framework Convention on Climate Change since 2010, Christiana Figueres jokes that it has been her job to "put 195 countries in a better mood" after the overhyped Copenhagen talks in 2009. The Emmett Institute hosted a lunch at UCLA with Ms. Figueres earlier this week, in which she assured California stakeholders that this year's Paris conference, though in some ways similarly hyped, will be different. In Paris, as in Copenhagen,...
CONTINUE READINGDoes Pope Francis Really Hate California’s Cap-And-Trade Program?
Encyclical take a negative view that may be misplaced
As Dan and Jonathan noted, the Pope weighed in on Thursday with strong moral arguments in favor of addressing climate change. But in his landmark encyclical, he apparently bashed cap-and-trade as a means of addressing carbon pollution: “The strategy of buying and selling ‘carbon credits’ can lead to a new form of speculation which would not help reduce the emission of polluting gases worldwide,” Francis wrote in his wide-ranging encyclical on the environment...
CONTINUE READINGReligion’s “Traditional” View: A Friendly Dissent
Faith Has Long Embraced Environmental Values
Dan's nice summary of Laudato Si will be the first of several commentaries on the page. But before we get going, I have to offer a friendly dissent on one aspect of it -- an aspect that unfortunately plays into a lot of discussion of religion. Dan writes that Pope Francis' encyclical seeks to re-read "the traditional assumption that God gave humans unfettered dominion." But there is no such traditional assumption, as I have argued before on this page. Yes, there is la...
CONTINUE READINGCaritas and Climate Change
Pope Francis has linked the issue of climate change with compassion for the global poor.
Laudato Si’, the new encyclical on climate change, is receiving global attention because of its potential impact on political debates over climate change. Part of the Pope's message seems to be based on the idea that humans have a duty to care for natural world, a rereading of the traditional assumption that God gave humans unfettered dominion. Conservative Catholics are likely to feel uncomfortable with that idea. But they may be even less comfortable with anoth...
CONTINUE READINGRepublican Change We Can Believe In
Sen. Bill Cassidy's Bill Would Ditch Wasteful Ethanol Subsidy
As readers of this page know, I am extremely fair and balanced: I criticize each party if it does something wrong, and praise each if it does something right. If one of those parties happens to do wrong things close to all the time, well, that's not my fault. But let us now praise a Worthwhile Republican Initiative: A new Republican bill introduced Tuesday would completely repeal the federal mandate to blend ethanol into the nation’s gasoline supply. Sen. Bill C...
CONTINUE READINGPope Francis Channels Mike Tyson
Who Will Get the Movie Rights to the Encyclical on Climate Change?
Many hope that the Pope's impending encyclical on climate change (and inequality) will change the debate on both topics. Certainly right-wing Catholics are getting nervous about it. But who will get the movie rights? I don't know, but here's a potential trailer. What does this have to do with Mike Tyson? Just watch: https://youtu.be/76BtP1GInlc...
CONTINUE READINGCalifornia Supreme Court Upholds Affordable Housing Ordinance
Unanimous Court Rejects Developers' Takings Challenge to San Jose's Inclusionary Housing Measure
The California Supreme Court, in a unanimous decision issued today, rejected state developers' efforts to nullify the City of San Jose's affordable housing ordinance. That decision, California Building Industry Association v. City of San Jose, is critically important for both state land use policy and for constitutional principles governing private property rights and the proper scope of government regulation. The City of San Jose, with a population greater tha...
CONTINUE READINGCEQA and the Drought
Republicans are using the drought as an argument for CEQA exemptions
One thing that the deep drought in California has prompted is more discussion of water storage projects like dams. Part of that discussion has been arguments that environmental review pursuant to CEQA should be “streamlined” for water storage projects. A bill to streamline environmental review for two dam projects died in the Assembly this year. These efforts are being led by Republicans who hope to use the drought as leverage to both reduce environmental protections...
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