Enough With The Doomscrolling
Environmental Progress Does Exist - And So Does Good News
So much is awful nowadays, that we need to share good news at Legal Planet, and there actually is some. For the first time ever, German solar and wind electricity production outpaced that of fossil fuels. In 1987, forest cover in Costa Rica, one of the famously most biodiverse nations on the face of the Earth, had collapsed to just 21% of its original amount. But now, thanks in part to a gasoline tax that goes to pay for ecosystem services, that number ...
CONTINUE READINGWhither Permitting Reform for NEPA?
Engaging with the key questions for NEPA in any permitting reform bill
This interview by Heatmap News with a leading actor (Daniel Palken at the Arnold Foundation) in the permitting reform debates is informative and productive – both on the status of those talks right now, and on their history and why they are important. Here I just want to focus on one aspect of the interview where I have written the most before, and where I know the challenges are hard: Changes to NEPA. As the interview describes, there are good reasons to pursue N...
CONTINUE READINGStrategies for the 2030s
We lost the Battle of 2025. But we haven’t last the fight for sustainability.
As we look ahead, recent models suggest that the pictures for the rest of this decade isn't so bad. The big question is what happens after that. The two recent models have some welcome news: Trump’s rollbacks and assault on the Inflation Reduction Act have not been as cataclysmic as feared. At least not yet. The models come from different sources — an MIT researcher and the Rhodium firm — using different methodologies. The models also have implications about...
CONTINUE READINGThe Limits of Implementation for BACA
Potential practical limits on the scope of the initiative to rewrite CEQA
I’ve done a lot of analysis of the potential scope of the Cal Chamber initiative on the ballot this fall to fundamentally rework CEQA. However, I also want to highlight a range of constraints that I think will limit the practical impact of the initiative. In doing so, I do not want to minimize the substantial changes the initiative likely will have, both to the law and on the ground. But legal changes will not always have practical impacts and there are key compo...
CONTINUE READINGBACA and planning
Initiative to fundamentally rewrite CEQA will have important implications for planning in California
A key question under the CEQA initiative on the ballot this fall, should it be enacted, is how it will relate to planning in California law. The question is an important one because planning has long been a key component of California land-use and environmental law. All local governments are required by state law to have general plans. Local zoning rules (and all projects approved pursuant to those rules) must be consistent with general plans. Amendments to gener...
CONTINUE READINGUCLA Law Clinic Files Brief Supporting DC’s Clean Buildings Act in DC Circuit
Energy law experts explain local governments’ longstanding primary authority over local gas distribution and use.
Last Friday, UCLA’s Frank G. Wells Environmental Law Clinic filed a DC Circuit brief in support of the District of Columbia’s Clean Buildings Act on behalf of 11 leading energy and environmental law professors: UCLA’s own William Boyd, Lincoln Davies at the University of Utah, Dan Farber and Sharon Jacobs at UC Berkeley, Alexandra Klass at the University of Michigan, Joshua Macey at Yale, Heather Payne at The Ohio State University, Melissa Powers at Lewis & C...
CONTINUE READINGEnsuring Environmental Protections Without CEQA
The legislature could take steps to address the impacts on state environmental law of the enactment of BACA this November
It seems likely at this point that the Cal Chamber initiative to significantly rewrite CEQA will pass this fall. A recent PPIC poll found over 70% support for the initiative. As I’ve noted earlier, a real concern with any change to CEQA is that key parts of California’s system of environmental protections depend on CEQA. That’s why claims that repealing CEQA does not affect underlying environmental protections in California are naïve or disingenuous. Many ...
CONTINUE READINGThe Sting in the Tail of the Clean Air Act
Weakening restrictions on polluters can trigger different restrictions.
Some of Trump’s most important anti-environmental moves involve unleashing air polluters. There’s a problem with this strategy, however. Doing so raises air pollution levels, which can bring states into collision with other Clean Air Act (CAA) requirements. Thus, the effect could be much tighter restrictions on other sources to compensate for looser standards on some. Worse, this effect isn’t limited to the most directly affected states. They may turn aroun...
CONTINUE READINGRenewable Energy Policy After the Federal Retreat
Which states are stepping up to fill the void?
With little resistance from Congress, the Trump administration is doing what it can to discourage the further development of renewable energy resources, showing a special lack of affection towards solar and wind. Through various executive orders and through direct payouts to some potential developers, the administration has worked to block and reverse permits on federal land and in federal waters. In its one Big Bill last year, Congress dramatically reduced access to fed...
CONTINUE READINGWhich way is the wind blowing in wind energy litigation?
The latest court decisions and legal challenges are shaping the future of wind energy development across the United States
Guest contributor Adelaide Duckett, Legal Fellow at the State Energy & Environmental Impact Center at NYU School of Law Across the country, wind developers and state governments are successfully navigating new legal challenges facing wind energy, fighting to keep projects moving forward despite mounting obstacles. Hostility to wind development has manifested in various ways over the last couple of years, including delays in government permitting for ...
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