The Nuisance Suits Heat Up: Fifth Circuit Follows Connecticut v. AEP
Well, I didn't expect this one. The Fifth Circuit, in Comer v. Murphy Oil Co., has agreed to follow the Second Circuit by construing Massachusetts v. EPA's standing holding very broadly. It has allowed a class action by private plaintiffs on a common-law public nuisance claim, for damages occurring from greenhouse gas emissions, to move forward. More to come on this one when I have a chance to finish the opinion. But a couple of points: 1) Comer represents a c...
CONTINUE READINGWhy You Should Worry About Climate Change Even If You Don’t Think It Is Going To Happen
Sam Savage's book, The Flaw of Averages, talks about the ways that we are misled by focusing on averages rather than considering the full range of possible outcomes. It's a fun read that makes some very important points. One of his illustrations is climate change, which is the subject of chapter 37. Savage asks the read to consider a hypothetical in which, on average, we expect no sea level rise -- perhaps because our best estimate is that climate change won't hap...
CONTINUE READINGMeeting the Energy Needs of the Global Poor
I spent yesterday at an important University of Colorado conference organized by Lakshman Guruswamy on energy justice. The conference dealt with a frequently overlooked part of the energy problem. In our discussions of energy policy, we often focus on those who, like Americans, are already high consumers of energy, or the needs of those who, like the Chines, are rapidly increasingly their consumption compensation. But there is a third group -- the billion or more...
CONTINUE READINGEnvironmental “Poetry” (Yet Again)
There once was a coal company, Which fought cap-and-trade mightily. “Costs too much,” they complained, “Emissions can’t be contained, Or our profits will face jeopardy.” There once was a scientist (or two), Whose work couldn’t pass peer review: “It’s all cosmic rays, Or perhaps high-level haze, Or something else besides plain CO2.”...
CONTINUE READINGOptimism on a Climate Bill?
At least, optimism seems to be the White House message, according to a TPM report: On Friday the president urged speed in the broader shift in U.S. energy priorities and said he believed lawmakers -- many of whom are skeptical of the energy bill -- are following. "It is a transformation that will be made as swiftly and as carefully as possible, to ensure that we are doing what it takes to grow this economy in the short, medium, and long term," Obama said. "I do belie...
CONTINUE READINGMore Environmental “Poetry”
A couple of ditties sent to us by some friends: There once was a climate denier Who said, “Let the carbon go higher. From the facts let us run, ‘Cause coal’s cheap by the ton, And who cares if the planet’s on fire?” There once was a man named Inhofe, Whose knowledge of science was soft. He thought up was down, And math made him frown. The data he simply blew off....
CONTINUE READINGTwo Important New Papers About Climate Policy
The latest issue of Science has two key papers on climate policy. First, Tim Searchinger, Dan Kammen (a faculty member at ERG), and others argue that an accounting exemption for bioenergy that appears in the Kyoto Protocol, the European carbon trading scheme and draft legislation on Capitol Hill treats all biofuels as "carbon neutral" even if the process of making them results in large carbon emissions. The land use issues regarding biofuels are actually huge and poo...
CONTINUE READINGUCLA 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...
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