Critical Native American Water Rights Cases Come Before the Supreme Court: Arizona v. Navajo Nation
The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor
Today the U.S. Supreme Court hears oral arguments in the last natural resources cases on its docket this Term: Arizona v. Navajo Nation and U.S. Department of the Interior v. Navajo Nation. These consolidated cases are consequential for several reasons: to determine the scope of the federal government's trust obligations to Native American tribes; to decide whether the Navajo Nation should have access to enough water on its arid reservation to provide the Navajo pe...
CONTINUE READINGStakeholder Engagement in California Offshore Wind Development
State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.
As California continues to develop plans for floating offshore wind (OSW) implementation, state leaders have an opportunity to forge a national example on stakeholder engagement and energy justice. California can achieve this, not just by (for example) incorporating environmental justice (EJ) principles into agency analysis and planning or by increasing consultation with tribal entities, but by ensuring — and ensuring funding for — a seat at planning and implemen...
CONTINUE READINGHow Garden-Variety Air Pollution Regulation Promotes Environmental Justice
Cleaning up our nation’s air benefits the disadvantaged most of all.
Evidence is mounting that air pollution regulation is an effective way of reducing health disparities between disadvantaged communities and the population as a whole. The basic reason is simple: Air pollution is the biggest environmental threat to poor communities and communities of color. As the American Lung Association has said: “The burden of air pollution is not evenly shared. Poorer people and some racial and ethnic groups are among those who often face high...
CONTINUE READINGCEQA, California’s Housing Crisis & the Little Hoover Commission
State Watchdog Agency's Scheduled CEQA Hearings Could Prompt Major Changes to California's Most Important Environmental Law
Beginning today, California's "Little Hoover Commission" will convene a series of three public hearings to consider how well--or poorly--the state's California Environmental Quality Act (CEQA) is currently working. A special focus of the Commission's deliberations will be whether and to what extent California's most important and overarching environmental law is impeding efforts by the Legislature and Governor Newsom to address the state's chronic and well-documented h...
CONTINUE READINGWhy the Bay Area’s Zero-Emission Appliance Rule is a Big Deal
BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.
Air quality officials in the San Francisco Bay Area just made history by moving to adopt the nation’s first rules phasing out new gas-fueled water heaters and furnaces in homes and businesses within about eight years. This action serves as a major step in the effort to curb health-harming and planet-warming emissions from buildings. Several cities in California, including Los Angeles and in the Bay Area, have outlawed new gas hookups, but these are the first regula...
CONTINUE READINGHow Do You Solve A Problem Like A Lawless Judge?
Some counsel for the Justice Department from The Great One.
The eyes of nearly everyone are upon Texas - on Amarillo, specifically, where comically lawless federal Judge Matthew J. Kacsmaryk will soon decide if the FDA illegally approved the medication mifepristone, sometimes thought of as the "abortion pill." One might think that it's somewhat too late to challenge a two-decade old approval based upon impeccable science. One would be wrong. This is Kacsmaryk, a professional bigot who got his job precisely to enjoin perfectly...
CONTINUE READINGSolar Geoengineering in the News — Again and Again
An update on the serious and the silly
Solar geoengineering has been prominent in the news lately. It looks like the long-predicted spike of attention to these potential climate responses may finally be starting – with many attendant opportunities for controversy and confusion. For background on solar geoengineering, why it’s important to research, and what the debates over it are, check out various prior LP posting from Emmett Institute researchers here, here, here, here, here, and here. The curren...
CONTINUE READINGCap and Trade Heats Up—For Better or Worse
Prices are high and markets are proliferating as program designers lean away from the more controversial elements of carbon trading.
This past year has been big for cap-and-trade-style systems, and that momentum looks like it’s continuing in 2023. Recently, we’ve seen new programs start up in Oregon and Washington, a proposal in New York State for new carbon markets, and sustained high prices in existing programs in California and the Northeast. Although these programs differ in their details, they all attempt to reduce greenhouse-gas emissions cost-effectively by creating a market for permissions...
CONTINUE READINGDeregulation, Normal Accidents, and the Airborne Toxic Event
What can we learn from the East Palestine train wreck?
Source: Wikimedia Commons The East Palestine train derailment is the story that won’t go away. Images of enraged residents shouting at company executives and government officials about the inadequacy of the response remind us all that across our vast industrial economy accidents of one sort or another are always waiting to happen while private firms and the agencies that are supposed to regulate them are too often asleep at the switch. The train was carryin...
CONTINUE READINGDid Biden have to approve the Willow oil project?
ConocoPhillips has existing lease rights. But the Biden administration had tools to curtail those rights to limit harms.
Although the Biden administration has approved the Willow oil drilling project on Alaska's North Slope—the largest proposed oil drilling on U.S. public land in several decades—the legal questions are far from settled. Much of the media coverage so far has focused on the political dynamics driving the decision (as noted with some alarm here and here) and devoted less attention to the legal dynamics. So, is there merit to the Biden administration’s claim tha...
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
