Giving Indigenous Peoples a Voice at COP20

Observations from the Lima UN Climate Conference - by Sarah Kozal

This post is by Sarah Kozal, UCLA School of Law Class of 2016, who participated in the Lima COP last week as part of UCLA’s delegation. One surprise of COP20 has been the large presence of indigenous peoples’ issues and voices. In particular, many of the side events at the conference have focused not only on the environmental concerns of indigenous communities, but also on how indigenous communities can help monitor and mitigate environmental changes. Indigenous c...

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The environment and marijuana legalization

In the wake of the successful marijuana legalization efforts in Colorado and Washington state, and the success of a number of legalization initiatives on the ballot in the prior mid-term elections, there is a renewed effort to get a legalization measure on the ballot here in California for the 2016 elections. A prior measure in 2010 lost. As a policy matter, I’m in favor of legalization with appropriate regulatory protections for public health and safety. I think a ...

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The Disturbing Legal Influence of the Fossil Fuel Industry

Coal and oil have found legal spokesmen in state houses and law schools.

The NY Times has a disturbing story this morning about the secret alliance between some state attorney generals and the fossil fuel industry.  Perhaps the most shocking is an example in which the Attorney General of Oklahoma had a draft by a coal company retyped on letterhead and submitted as his own opinion.  The industry has rewarded its friends with campaign contributions and other forms of support. The views of one former Republican attorney general are telling:...

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Progress at the UN?

A view from the Lima climate COP

The annual Conference of Parties of the UN Framework Convention on Climate Change opened this week in Lima, Peru, drawing delegates from around the world, including a few from UCLA Law.  I am in Lima along with Legal Planet blogger Jesse Lueders and three students from our UCLA Environmental Law Clinic, Sarah Kozal ’16, Jacob Cohen ’15, and Sunny Tsou ’15.  We are here with clinic client Islands First, a nonprofit that provides support to small island developing ...

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Local Planning For Solar Energy — Berkeley Law Webinar

Free event on December 11th, 10-11am, features the Governor's Office of Planning and Research

The webinars keep coming! Berkeley Law is hosting another free webinar next week on best practices for integrating integrating small- and medium-scale solar energy policies into local general plans. Joining us once again will be Chris Calfee from the Governor's Office of Planning and Research (OPR), who will provide the latest on the general plan guidelines update process. The free, web-based event will take place on Dec. 11th (next Thursday) from 10 to 11am. It will ...

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Our Air is a Lot Cleaner and Prospects for Climate Action a Lot Brighter Thanks to Citizen Suits

Climate change, ozone and mercury rules all the result of citizen suits

Three sets of Obama Administration's environmental rules are in the news these days:  those on climate change, mercury and ozone.  The President is being praised among environmentalists for his ambitious actions and lambasted by some business and Republican leaders for engaging in a "war on coal."   Yet lost among the clamor is one key fact:  without the citizen suit provision of the Clean Air Act, which allows "any person" to sue the Administrator of the EPA for fai...

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Another Piece of the Section 111(d) Puzzle

The subject of statutory cross-references may seem incredibly arcane, but EPA's proposed carbon rule for existing plants may stand or fall depending on the relationship between section 111(d) and section 112 of the Clean Air Act.  The House and Senate versions of section 111(d) both accidentally got into the final bill.  EPA has regulated the same sources (but different pollutants) under section 112 that it now proposes to regulate under section 111(d).  That's no pro...

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Infill Planning Webinar — Tuesday, December 9th, 10-11am

Berkeley Law will host the free event, which features the Governor's Office of Planning and Research

UC Berkeley Law is hosting a free webinar on best practices for integrating infill-supportive policies into general plans. Joining us will be Chris Calfee from the Governor's Office of Planning and Research (OPR), who will provide the latest on the general plan guidelines update process. This web-based event will take place on December 9th (next Tuesday) from 10 to 11am. It will cover the Center for Law, Energy and the Environment's (CLEE) new guidance report on infil...

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More Thoughts on the US-China Climate Announcement

Ann Carlson and I talk with the New York Times on US politics, Chinese implementation, and the potential impact on India.

Ann Carlson and I talked with Edward Wong from the New York Times last week about the US-China Climate Announcement.  We repost the Q&A here. From Edward Wong, NYT:  The biggest commitments to come out of President Obama’s recent visit to China involved climate change policy. The leaders of the two nations stood beside each other in Beijing and pledged to curb greenhouse gas emissions, sending the world a powerful message that climate change is important to bo...

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The Death of Deference?

Yesterday, the Supreme Court granted cert. in several cases to hear the following question: “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.” The fundamental issue is whether it was unreasonable for EPA to interpret section 112 to preclude consideration of cost at this particular stage of the regulatory process -- not ...

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