State Government Standing and Environmental Law
The Supreme Court seems to be cooling to the idea of empowering state AGs.
Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.” In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might be a good thing. The Court’s recent decisions. The first mention of state standing this Term involved a challen...
CONTINUE READINGEmergency? Part 4
Focus on Methane
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make a significant difference, are doable, but require real sacrifice and hard choices: Ending financing of fossil...
CONTINUE READINGDonald Trump vs. The MQD
Ironically, a conservative legal doctrine might block some of his excesses.
Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more than fair to apply it to Trump. What’s sauce for the goose, after all, is sauce for the gander. The exact contours of the MQD are still unclear, but ...
CONTINUE READINGComparing the Risks of Climate Change and Geoengineering
The OSTP has adopted a 'risk-risk' framing in its report on geoengineering research: will this help or hinder sound climate policy?
Last month's report on solar geoengineering research from the White House Office of Science and Technology Policy (OSTP) consolidated a shift in the discourse on this controversial technology. Over recent years advocates for more research have increasingly adopted a ‘risk-risk’ framing. As Gernot Wagner puts it in ‘Geoengineering: the Gamble’: “The decision is all about risk-risk tradeoffs". He urges us to put the risks of potentially pursuing solar geoengineer...
CONTINUE READINGEPA and the Student Loan Decision
Will the major questions doctrine block EPA's proposed rules?
Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture of the loan forgiveness program that is worlds away from the regulations EPA is considering. In determining that the student l...
CONTINUE READINGJohn Kerry’s China Visit was a Success (Sort of)
There was no big climate announcement. But that wasn’t really the purpose of the U.S. climate envoy visiting Beijing.
U.S. climate envoy John Kerry just wrapped up three days of talks with top Chinese officials in Beijing and doesn’t have a lot to show for it: There was no joint agreement or grand bargain. Chinese officials did not signal willingness to commit to a speedier timetable for cutting their greenhouse gas emissions or slowing down their building boom of coal-fired power plants. Nor did they show willingness to separate the urgent issue of climate change from the broader...
CONTINUE READINGGovernor Newsom’s CEQA Bills Could Be a Modest Step in the Wrong Direction
Governor Newsom’s CEQA trailer bills probably won’t do much. But his heavy-handed rhetoric foreshadows a larger anti-CEQA push that should worry communities that rely on California’s premier public participation statute.
Speaking to Ezra Klein in late June, Governor Gavin Newsom hearkened back to the California of the 1950s and 1960s: “People are losing trust and confidence in our ability to build big things. People look at me all the time and ask, ‘What the hell happened to the California of the ‘50s and ‘60s?’” Governor Newsom spoke to the New York Times columnist as part of a larger media push to promote his package of eleven trailer bills––submitted alongside h...
CONTINUE READINGEmergency? Part 3
Requiring Large-Scale Carbon Capture
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make a significant difference, are doable, but require real sacrifice and hard choices: Ending financing of fossil...
CONTINUE READINGIndividuals Making a Difference
Two stories of the unknown environmental advocates behind major Supreme Court decisions.
My students often wonder whether they can actually make a difference. I like to tell them the story of Joe Mendelsohn. Mendelsohn, who worked at a tiny, obscure non-profit, decided that EPA needed to address climate change. His efforts, recounted in a book by Richard Lazarus, led to the Supreme Court’s blockbuster opinion in Massachusetts v. EPA. Three decades earlier, a class project by five law students had led to a major win on standing, though a loss on the merit...
CONTINUE READINGUCLA Clinic Submits Amicus Brief in Kern Oil Ordinance Case
Kern County’s efforts to increase drilling could jeopardize the survival of the Temblor legless lizard. The case demonstrates why environmental review must keep pace with emerging science and new information.
The UCLA Environmental Law Clinic has submitted an amicus brief in a case that challenges Kern County’s (the “County”) repeated efforts to streamline oil and gas development without proper regard for myriad environmental harms. The Clinic filed its amicus brief on behalf of Professor H. Bradley Shaffer, Ph. D., one of California’s leading experts on the evolutionary biology, ecology, and conservation biology of amphibians and reptiles. He has published a book...
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