“A Historic Day”: the World Court’s Big Climate Opinion
UN/ICJ/Jeroen Bouman
UCLA Law’s Anna Spain Bradley offers takeaways from the International Court of Justice’s Advisory Opinion on the Obligations of States in Respect of Climate Change.
It’s been a long time coming but nations of the world officially have a legal obligation to limit their emissions of greenhouse gases or else pay reparations for the harms of climate change. That was the unanimous opinion handed down yesterday by the 14 judges on the International Court of Justice, sometimes called the World Court. The Advisory Opinion, though technically non-binding, affirms the existence of a legal right to a “clean, healthy and sustainable env...
CONTINUE READINGInvestment Models for Climate Infrastructure Implementation
Exploring avenues for implementing publicly-supported climate solutions.
This month’s federal budget and policy legislation rescinded billions of dollars in clean energy and climate-related infrastructure investments and halted the progress of many projects already underway, including major tax incentive and grant programs focused on wind and solar energy, vehicle electrification, and domestic manufacturing. A subsequent executive order further cemented the federal government’s shift away from supporting climate-related investments. ...
CONTINUE READINGGlobal Energy Trends
Trump or no Trump, the global economy is shifting toward clean energy.
The International Energy Agency’s 2025 review isn’t likely to make the bestseller list. But there’s some eye-opening information. We can lose sight of global trends because of our understandable preoccupation with our own situation. Not that U.S. trends are unimportant, mind you, but they’re not the whole ball game. The big takeaway globally is that oil and coal are basically static, and natural gas is growing slowly. Meanwhile alternate forms of energy are boo...
CONTINUE READINGNewsom Proposes More Oil Drilling In CA
Photo by Delfino Barboza on Unsplash
The State Should Get Far More Benefit
Last Thursday, the Newsom Administration proposed a new law allowing extensive additional oil drilling in California, as long as the new wells are in existing oil fields and the oil company closes one well in the oil field for each one drilled and one in health a safety designated areas. The proposal appears to be in response to threatened oil refinery closures in the state. In my view, there are other ways to respond to threatened refinery closures, but, having spen...
CONTINUE READINGWhy Did Congress Defund Public Media?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
We just witnessed the untimely death of a 57-year-old American institution that has made life better for just about everyone. President Lyndon Johnson announced the creation of the Corporation for Public Broadcasting in 1967 to “assist stations and producers who aim for the best in broadcasting good music, in broadcasting exciting plays, and in broadcasting reports on the whole fascinating range of human activity.” This new organization, Johnson told the count...
CONTINUE READINGPerhaps the Least Qualified FERC Nominee in History
Trump’s nominee seems to have essentially no relevant experience or expertise.
Trump has nominated a guy named David LaCerte to serve on the Federal Energy Regulatory Commission. (FERC) There’s sparse public material available about LaCerte, a tribute to his prior accomplishments. LaCerte's record is almost devoid of relevant experience and expertise. "FERC Commissioner" is not usually considered an entry-level job in energy law. FERC cases involve the management of the entire U.S. energy grid, except for part of Texas. Energy law and regu...
CONTINUE READINGHow To Beat A Jackass
Trump's destruction of the federal government poses a hard question: how to quickly stand up robust institutions?
Sam Rayburn served nearly a half-century as a Congressmember, and still holds the record for the longest tenure as Speaker of the House. So he knew a thing or two about government. One of his aphorisms speaks powerfully to our age: “Any jackass can kick a barn down, but it takes a carpenter to build one.” Despite the symbology of American political parties, the current federal regime is one of jackasses (in so many ways). It is smashing things, whether it be US...
CONTINUE READINGThe Environment and the Rule of Law
Without the rule of law, environmental protection has no chance of succeeding.
Trump is on a rampage. He has big plans for a mass repeal of existing regulations; he’s trying to use emergency declarations to short circuit normal environmental protections; and he’s savaging environmental agencies. He’s also at war with the rule of law, dodging court orders, ignoring statutes, and punishing lawyers and law firms that have dared to challenge him. In area after area, Trump has tried to sweep aside legal constraints. Part of the point of Trump...
CONTINUE READINGWhat does ‘Drill, Baby, Drill’ Mean in California?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A court fight over oil drilling off the coast of Refugio State Beach near Santa Barbara. Proposals to drill around public schools in Ojai and Los Osos. The potential for oil operations directly adjacent to popular national monuments. New risks to our ecosystems that sustain imperiled species like the California condor. This is what “Drill, Baby, Drill” looks like so far in California and action is coming this week. Welcome to The Drain, a weekly roundup of en...
CONTINUE READINGWhen Did Property Rights Drop Off the Conservative Agenda?
Property used to be a central conservative concern. Not so much these days.
One of the pillars of conservative thought used to be protection of property rights. But now it seems to have lost its pride of place. The word “property” doesn’t even appear in the 2024 Republican platform. And I can’t remember Trump ever speaking about property rights. The Court hears cases involving property rights from time to time. For example, it struck down a California law that required landowners to give union organizers access to farmworkers. B...
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