UCLA Journal of Environmental Law and Policy launches new website, publishes climate policy issue
Forgive me for a little boasting about our great student-run environmental law journal, which has just launched a new website with downloadable content and published a terrific, policy-oriented issue (together with the Emmett Center) with lessons from state leaders across the country on tackling climate change. The issue focuses on how states are addressing the climate crisis in light of federalism constraints and opportunities, and what their future role will be...
CONTINUE READINGNew GAO Report on Adaptation
GAO has released an important report on adaptation. This is a subject that is just beginning to get the attention it deserves. Key findings: The challenges faced by federal, state, and local officials in their efforts to adapt fell into three categories, based on GAO’s analysis of questionnaire results, site visits, and available studies. First, competing priorities make it difficult to pursue adaptation efforts when there may be more immediate needs for attention a...
CONTINUE READINGOil Shale, Greenhouse Gas, and Federal Lands
Back in 2005, a Rand report assessed the merits of pursuing oil shale (a rock formation particularly prevalent in the U.S.) as an option for extracting liquid transportation fuel. The authors said: “Heating oil shale for retorting, whether above ground or in situ, requires significant energy inputs. Over at least the next few decades, this energy will be supplied by fossil fuels… As a result, the production of petroleum products derived from oil shale will entail sig...
CONTINUE READINGSaving the Polar Bear: The Saga Continues
Follow-up: Greenwire now (Oct. 22) has more details: The Obama administration today proposed protecting more than 200,000 square miles in Alaska as critical habitat for the polar bear -- an area the administration said would be the largest the government has ever put forward in a bid to protect an imperiled species. The Interior Department's sweeping proposal, which includes coastal barrier islands, terrestrial denning areas and sea ice off of Alaska's coast, is...
CONTINUE READINGThe New Top 40: Facing Up to the Worst Coal-Fired Powerplants
People are talking about it in emails and all over the blogosphere – it turns out that coal-fired electric power is not as cheap as many people want to think it is. In the Energy Policy Act of 2005, Congress directed the National Academy of Sciences to “define and evaluate key external costs and benefits—related to health, environment, security, and infrastructure—that are associated with the production, distribution, and use of energy but not reflected in marke...
CONTINUE READINGThe Kivalina Climate Change Lawsuit: Wrong Is Right
As Holly noted the other day, Judge Saundra Brown Armstrong of the Northern District of California has thrown out the Kivalina tribe's climate change lawsuit against big oil and coal producers. Was she right to do so? The answer, I think, is yes -- but for procedural, not substantive reasons. Judge Armstrong's argument that the case constitutes a nonjusticiable political question is, in my view, quite wrong. It's a tort suit; courts decide torts suits all the time...
CONTINUE READINGSome Environmental Haiku
Early October: Copenhagen lies ahead. Still Congress dithers. "Yosemite Sam," shedding bitter cartoon tears, mourns for Hetch Hetchy. Certiorari is not welcome legal news -- in a NEPA case. Sovereign plaintiffs easily obtain standing. Thanks, Justice Stevens! American farms -- so many friends in Congress! Carbon offsets thrive....
CONTINUE READINGAdapting to Climate Change? Should the States or the Feds Take the Lead?
A great deal of attention has been devoted to federalism issues relating to climate change mitigation. In contrast, the federalism dimension of adaptation has only begun to receive attention. Regardless of mitigation efforts, however, it is clear that society will experience substantial climate impacts and that major adaptation efforts will be required. What roles should the states and the federal government play in adaptation? States and local governments are in many w...
CONTINUE READINGEPA threatens a mountaintop removal veto
Early on in the Obama administration, EPA did some inconclusive dancing and shuffling about its role in overseeing the issuance of Clean Water Act section 404 permits by the Corps of Engineers for mountaintop removal coal mining projects. Now, though, EPA is bringing the big guns into position. Section 404(c) of the Clean Water Act authorizes EPA to veto any permit issued by the Corps upon finding "after notice and opportunity for public hearings," that the permitted ...
CONTINUE READINGKivalina nuisance suit dismissed
As Jonathan noted (here and here) last month, after a lengthy delay, the 2d Circuit ruled that a public nuisance suit brought by states and environmental groups against major power producers based on their greenhouse gas emissions did not pose a non-justiciable political question, and that the plaintiffs had standing. That ruling has obviously not yet swept the field, however. Shortly after it came down, Judge Saundra Brown Armstrong, in the Northern District of Californ...
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