Protecting Marine “Wilderness”
A new study shows how to strengthen marine preserves.
The Bush Administration is not remembered fondly by environmentalists, but one important exception came at the beginning of 2009. That's when President Bush created an additional 195,000 square miles of marine reserves, on top of the 140,000 miles he had created previously. Such marine reserves are not unique to the United States, of course. Yet, until now we have not had a good sense of how to make these reserves effective. A new study in Nature helps fill that...
CONTINUE READINGHow Legalizing Marijuana Could Help Fight Climate Change
The link between indoor grow operations and energy data
Now that the two states that just legalized marijuana sent their football teams to the Superbowl this year, it’s clear that the stars are aligning for legalizing marijuana nationwide. Sure, legalizing marijuana makes fiscal, moral, and practical sense, but what about the benefits to the environment? Well, it turns out that even the fight against climate change could potentially be enhanced by making cannabis -- and the grow operations that produce it -- legal. It ...
CONTINUE READINGIt’s Not Waste, It’s An Ecosystem
Letting rivers flow supports ecosystems and people
One thing that droughts in the West provoke are political battles over water. The drought that California is currently in is no exception. Republicans in the U.S. House of Representatives have just passed a bill that would – more or less – exempt farmers in the Central Valley from environmental laws like the Endangered Species Act when it comes to withdrawing water from California rivers for irrigation. Projects to restore free-flowing water to the San Joaquin ...
CONTINUE READINGPine Beetles, Environmental Law, and Climate Change Adaptation
Inflexible laws may be the best response to climate change
Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta. As a result of warmer winter weather because of climate change, mountain pine beetle populations have exploded – not just in numbers, but also in range. Beetles have been found hundreds of miles north of their historic ra...
CONTINUE READINGA Bridge Made of Natural Gas Is a Shaky Thing
When will we start to manage our natural gas resources?
For the last half century, domestic natural gas policy has looked something like this: Natural gas is the cleanest of the fossil fuels. It is versatile and economical. So, let’s pull it out of the ground and use it as fast as we can. In the last decade, the policy has been appended to include the notion of natural gas as a bridge fuel – in some situations, it emits half as much greenhouse gas as does coal, so let’s use gas as a lower-carbon fuel that can tide us ov...
CONTINUE READINGCalifornia’s Flawed Approach to Electric Vehicle Public Charging
Legal settlement to commit $100 million to new charging stations has not been effective
Back in 2000, rolling blackouts descended upon California and eventually cost Governor Gray Davis his job. The crisis was caused by deviant corporate behavior, and one of the companies involved, NRG, finally settled with the state in 2012 for damages related to its conduct. But instead of being punished, the California Public Utilities Commission allowed NRG to commit to spending $100 million on electric vehicle public charging infrastructure, essentially helping the...
CONTINUE READINGKeystone Nation: Mapping the Politics of the Pipeline
Keystone XL would run through a column of Red States and depopulating counties.
Looking at three maps sheds some interesting light on the the politics of the Keystone XL pipeline. The pipeline's geography resonates in an interesting way with political and demographic geography. We can start with two maps that show the proposed route (on the left) and the dates in which counties reached their peak populations. You can immediately see that the pipeline runs through areas that have been losing population for an extended period of time. Now c...
CONTINUE READINGOffshore Fracking Battles Brewing in the Golden State
Increased attention to fracking off the California Coast; what our state agencies can do about it
As prior blog posts and reports have detailed, hydraulic fracturing (“fracking”) has been occurring onshore in California for decades, yet without full disclosure to the public or state regulatory agencies. Recently, new reports of offshore fracking in both California and federal waters have surfaced, showing that fracking has also been underway off the coast for many years, including in California’s most biologically sensitive areas. Yet, the California ...
CONTINUE READINGIs It Unconstitutional for the President to Implement Major New Policies by Regulation?
According to the Supreme Court, when statutes are unclear, the President is supposed to make policy judgments. That's not unconstitutional -- it's just business as usual.
The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law. But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives. The only real restriction is that the actions have to fall within a reasonable interpretation of the statute. Obviously...
CONTINUE READINGEmmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District
UCLA's Emmett Center filed an amicus curiae brief yesterday in Utility Air Regulatory Group (UARG) v. EPA, the U.S. Supreme Court case that will determine whether EPA's greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid. Arguing on behalf of the South Coast Air Quality Management District (the regulatory body overseeing the nation's most polluted air basin) and itself, the Emmett Center brief...
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