States May Be Warming to Green Amendments
At least 10 states, including New Jersey and California, are considering constitutional guarantees to a clean environment and stable climate after Montana’s landmark climate trial.
Last week, New Jersey lawmakers and a variety of stakeholders crammed into a statehouse committee room for a relatively rare legislative hearing. This 2-hour hearing centered on New Jersey’s proposed green amendment, which committee chair Senator Bob Smith described as “a very controversial topic” as he gaveled in the meeting. This green amendment would add a constitutional guarantee to a healthy, clean environment. Advocates have been pushing for such a hearin...
CONTINUE READINGFifteen Years of Legal Planet
5700 blog posts later, we’re still speaking — if not “truth to power”— then our best approximation of truth, to anyone who’ll listen.
A decade and a half ago, the law school here announced the launch of a new environmental law blog by Berkeley and UCLA. The March 11, 2009 press release began: “The University of California, Berkeley, School of Law (Berkeley Law) and UCLA School of Law today announced the launch of a new blog, Legal Planet, which provides insight and analysis on climate change, energy, and environmental law and policy. This collaborative blog draws upon the individual research strengt...
CONTINUE READINGThe global conversation about solar geoengineering just changed at the UN Environment Assembly. Here’s how.
Duncan McLaren and Olaf Corry reflect on the implications of the UNEA-6 non-decision on solar radiation modification for research and governance
As we wrote in part 1, a Swiss-led proposal to the UN Environment Assembly (UNEA) to establish an expert group on solar radiation management (SRM) proved divisive and was eventually withdrawn. Here we explore why, and what that means for any global conversation about SRM. SRM has long generated concerns that, as a powerful lever on the Earth system, it could have unwanted side-effects and generate political and ethical risks, as well as lowering temperatures. But rule...
CONTINUE READINGCountries failed to agree first steps on solar geoengineering at the UN. What went wrong?
Duncan McLaren and Olaf Corry observed as diplomats in Nairobi wrestled with a resolution on solar radiation management
In the last weeks, diplomats from all over the world were negotiating more than twenty draft resolutions at the UN Environment Assembly (UNEA). The Assembly is a biennial intergovernmental meeting which sets the global environmental agenda. It also sets the strategy for the UN Environment Programme (UNEP), and outlines policy responses to address emerging environmental challenges. In amongst proposals regarding plastic pollution, air quality, pesticides and circular ec...
CONTINUE READINGDeciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before -- and discuss in more detail in a forthcoming article -- the new statute is something of a disaster in terms of legal drafting. When the 2023 amendments...
CONTINUE READINGThe SEC’s Watered-Down Climate Rule
Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.
After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, in addition to the “Scope 1” and “Scope 2” direct and indirect emissions the final rule inclu...
CONTINUE READINGActually, EV Sales Are Right on Track
Don’t believe the current anti-EV spin.
There is a lot of talk about weak consumer demand for EVs — doleful from greens, triumphant from others. Maybe US carmakers have hit a few speed bumps --not surprising when trying to rapidly ramp up a product that's new to most consumers. But the reality is actually quite reassuring in terms of the U.S. market. Globally, the picture is even rosier for EVs, with the big open question being whether U.S. carmakers are going to be shoved to the curb by the Chinese. Le...
CONTINUE READINGMisusing Carbon Removal as a Climate Response
Carbon removal is an alluring idea. That also makes it a tempting façade for bad policies.
It seems clear that in some form, carbon removal is going to be an important component of climate policy, especially later in the century to deal with carbon levels that overshoot the targets in the Paris Climate Agreement. The problem is not with the concept but with its misuse. One of the risks that comes with such good ideas is that they provide cover for poorly conceived and badly executed policies. A trio of recent articles in the leading research journal Scien...
CONTINUE READINGCalifornia Year In Fire Report
A Multi-Dimensional View of Wildfire Impacts
On behalf of CLEE and the Climate and Wildfire Institute (CWI), and with additional support from the Moore Foundation, I am pleased to announce publication of the California Year in Fire Report. Wildfire and the risk of wildfire impact far more than acres burned. This Report is an effort to provide a more multi-dimensional view of those impacts, incorporating measures of resilience, public health, and environmental impact. The Report was conceived of, researched, a...
CONTINUE READINGRFK Jr. Joins the War on Climate Scientists
RFK Jr. has filled a top campaign position with an anti-vaccine activist named Del Bigtree who has called global warming “an enslavement system.”
Robert F. Kennedy Jr. made headlines when a Super PAC supporting his presidential bid ran a pricey Super Bowl ad, stealing the look of a famous 1960 spot for his uncle John F. Kennedy. But he got far less attention for another move that says a lot about his campaign: He has tapped Del Bigtree to run his communications team. Bigtree, like RFK Jr., is a well-known anti-vaccine activist. But he also voices full-throated conspiracy theories denying the reality of human-c...
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