Germany’s Role in Climate Policy
A short history of climate action in Europe's economic powerhouse
We need to understand the history of climate action as we plan for the future. In terms of climate leadership, Americans tend to think of California. At the global level, however, Germany has its own claim to a leadership role, particularly in its early support for renewable energy. It has helped to shape EU climate policy, while at the same time its own policies were shaped by the EU’s. Although its track record has some complexities, this timeline of German action...
CONTINUE READINGCan We Use Regulation to Reduce Inequality?
Contrary to some, I think the answer is yes. And here's how we can do it.
Inequality is a burning issue in our society but plays only a limited role in the design of regulations. In an article that came out a week ago, I try to work through questions about how economic and racial inequality can be integrated into rule-making. In terms of economic inequality, the current system already has a built-in but controversial feature that promotes equality. The "value of a statistical life" represents the amount of money that society is willing to...
CONTINUE READINGAn Important Groundwater Bill Lands on the Governor’s Desk
Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.
Earlier this month, California’s Legislature passed a slate of bills that cover a range of environmental and climate issues. Among those was Assemblymember Lori Wilson’s AB 779, a bill we helped create to improve the groundwater adjudication process for all water users. Adjudications legally determine groundwater rights but can take years and cost millions of dollars. This hurts all groundwater users, and is especially burdensome for small farmers, farmers of ...
CONTINUE READINGThe Overshoot Commission Addresses Geoengineering
The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.
In this, my third post on the recently released report of the Climate Overshoot Commission, I’ll discuss their treatment of the most challenging and controversial part of their mandate, Solar Geoengineering or Solar Radiation Modification (SRM). As I noted in my introductory post on the Commission, I served as an advisor to the Secretariat and my students in the UCLA International Climate Law and Policy Clinic provided research and analytic support to the Secretariat. ...
CONTINUE READINGWhat’s a Major Question? (Judicial) Opinions differ.
Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.
In West Virginia v. EPA, the Supreme Court used the "major question doctrine" to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion for its lack of clarity about what makes an issue “major.” I decided to check out the court of appeals opinions...
CONTINUE READINGNo, There’s No Scientific Conspiracy About Climate Change
Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.
Among the host of conspiracy theories out there, a perennial one depicts climate science as a global hoax perpetuated by scientists. There are thousands of climate scientists around the world, which is an awful lot of people for a secret conspiracy. But even if there were only forty or fifty, a successful conspiracy of any kind would probably be well outside their capabilities. I speak as someone who, over the course of my career, has attended hundreds of faculty meet...
CONTINUE READINGA Summer Job, Record Heat, Climate Hope
Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.
It’s been three months now since 16 young plaintiffs suing the state of Montana for climate harms piled into a Helena courtroom so small that the attorneys worried whether everyone would fit. (They did.) And it’s been one month since the Montana First District Court determined that the state of Montana had indeed violated Montana youth’s right to a “clean and healthful environment” by collaborating with the fossil fuel industry. But the historic decision...
CONTINUE READINGCalifornia is Suing Big Oil Thanks to Journalism
California's climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What's the state of climate journalism now?
The state of California has joined the party. By “party” I mean the increasingly ambitious climate liability litigation against Big Oil. And when California shows up at the party, the volume goes way up. There’s already been a lot of smart analysis on the legal arguments (including by UCLA's Cara Horowitz here). I’d like to take a moment to acknowledge that this case was made possible, in large part, by journalists. “I didn’t know.” That’s how Go...
CONTINUE READINGAction on Methane
California's Subnational Initiative
At Climate Week New York yesterday, California announced a significant new initiative for Subnational action on methane. The UC Berkeley Center for Law, Energy, and Environment (CLEE) helped develop the Initiative, so I’m particularly pleased to highlight it. Methane As has been discussed previously in Legal Planet, methane is a colorless, odorless, flammable gas. It is the main component of “natural gas” and is produced predominantly by the agriculture, en...
CONTINUE READINGA Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report
The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.
Continuing my discussion of the report of the Climate Overshoot Commission released last week, today I dig into their recommendations on mitigation. As you may recall, the Commission’s informal (but serious) job description was to speak of elephants in the room and unclothed emperors: to say things that are true and important about climate risks and responses that other, more political constrained bodies cannot. If you take this job description for statements and apply...
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