Are Californians Finally Getting Out of Our Cars?

If Something Looks Too Good To Be True, Then It Probably Is

It looks like a miracle: Californians aren't depending quite as heavily on cars for commutes and  errands as they did a decade ago, according to a new survey by Caltrans. Although driving is still by far the most dominant mode of transportation  across the state, accounting for about three-quarters of daily trips,  researchers say a decrease in car usage and a rise in walking, biking and taking  transit indicate that Californians' daily habits could be slowly...

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Rand Paul versus Clean Water

Rand Paul's plan to cut wetlands protection and make enforcement against polluters impossible.

Rand Paul recently won a big victory in the straw poll held by CPAC,the Conservative Political Action Conference.  In the environmental area, his signature measure is the Defense of Environment and Property Act. On its surface, the goal of the law is to cut back on federal jurisdiction over wetlands. The bill would drastically cut back on federal protection for wetlands, small streams, and rivers in the Western United States.  But its stealth provisions are even worse...

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New Environmental Law Rankings Place UCLA Law and Berkeley Law in Top 10

Rankings Reflect Colleagues' Recognition

U.S. News and World Report, the most visible ranker of graduate programs, publishes its ranking of environmental law programs at U.S. law schools each spring, and the new list is out.  Berkeley Law is ranked #3, and UCLA Law is ranked #10 - the first time we have cracked the Top 10.  Along with Georgetown, we are the only three Top-20 law schools among the Top 10 ranked environmental law programs this year. Berkeley's environmental law program is perennially highly-...

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U.S. Supreme Court Deals Blow to National Rails-to-Trails Movement

Justices Hand Property Owners Another Important Win, With Public Access the Loser

Some U.S. Supreme Court decisions blow through American jurisprudence like a hurricane. Others slip into the law books quietly, like the proverbial cat's paws. Today's Court decision in Marvin M. Brandt Revocable Trust v. United States falls into the latter category: largely overlooked by Court followers and the media, but with the potential to have profound, long-term impacts on public access rights, land use trends and private property rights. The facts of Bran...

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In Memoriam: Joseph L. Sax, Gentleman, Scholar, Giant of Environmental Law

Visionary environmental advocate will be sorely missed, long remembered.

[Posted on behalf of all Legal Planet authors at Berkeley Law.] It is with great sadness that we share the news of the passing of Joseph L. Sax, James H. House and Hiram H. Hurd Professor of Environmental Regulation (Emeritus) at Berkeley Law. Joe was our hero, our teacher, our mentor, our colleague, our friend. We will miss his intellectual vigor and creativity, and the gentle way he approached even the most potentially divisive issues. We will do our best to carry ...

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Upcoming Climate Practitioners’ Workshop at UCLA

Explore recent legal developments in Federal and California greenhouse gas regulation for CLE credit

Why not earn your continuing legal education (CLE) credits while learning about recent developments in climate change law? Next Friday, March 14, 2014, the Emmett Center on Climate Change and the Environment at UCLA School of Law is co-hosting an all-day practitioners' workshop that will explore cutting-edge developments in greenhouse gas regulation. "Navigating Climate Regulation on Dual Tracks: The Promises and Pitfalls of AB32 and the Clean Air Act" will highlig...

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The Lost World of Administrative Law

The regulatory process has become more opaque and less accountable. We need to fix that.

Every year, thousands of law students take a course in administrative law.  It's a great course, and we wish even more students took it.  But there's a risk that students may come away with a vision of the regulatory process that is increasingly disconnected with reality.  Worse, the leading judicial opinions on the subject suggest that judges may from a similar disconnect. The Administrative Procedure Act is based on the premise that Congress delegates the power t...

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California Enacts Emergency Drought Legislation

State Water Rights Reforms a Key Part of the Legislative Package

"Never let a good crisis go to waste." This adage, attributed to Chicago Mayor and former Obama White House Chief of Staff Rahm Emanuel, seems especially apt regarding emergency legislation enacted by California lawmakers and signed into law last weekend by Governor Jerry Brown in response to the worst drought in recorded California history. That drought has prompted enactment of water reforms that proved impossible just five years ago. Last Thursday, the Californ...

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George Will and Conservative Climate Denial

The three types of conservatism all tend to reject climate science, but for different reasons.

A couple of weeks ago, George Will told the Fox News audience that humans have nothing to do with climate change -- it's just natural fluctuations.  Will himself has changed his brand of conservatism in the past few years, as the New Republic has noted.  At this point, he has sampled two of the three varieties of conservatism.  True believers of all three varieties find climate denial congenial, but for somewhat different reasons.  They also tend to differ in their g...

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How Responsible Are Americans for China’s Pollution Problem?

An online conversation from several perspectives

Yesterday, I participated in an online conversation at Chinafile.com on the question of "How Responsible Are Americans For China's Pollution Problem?"  I post the lead comment by David Vance Wagner of the International Council on Clean Transportation along with my response.  Elizabeth Economy from the Council on Foreign Relations and Isabel Hilton of Chinadialogue.net (among other things) also wrote responses, which can be viewed here. David Vance Wagner: Chin...

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