Region: National

Obama-Era Vehicle GHG Emission Standards Critical for Californians and Consumers

Berkeley Environmental Law Clinic’s Comments on the SAFE Vehicles Rule

On Friday, the comment period closed on EPA’s proposed “Safer Affordable Fuel-Efficient Vehicles (SAFE) Rule.” The rule would roll back Obama-era vehicle GHG emissions standards and rescind California’s preemption waiver, which allows the state to maintain its own standards. 83 Fed. Reg. 42986 (Aug. 24, 2018). The UC Berkeley Environmental Law Clinic (ELC) submitted two …

CONTINUE READING

Negative Greenhouse Gas Emissions, the National Academies, and the Law

Negative Emissions Technologies and Reliable Sequestration: A Research Agenda

What does the scaling-up of negative emissions technologies for environmental law?

In my previous posts , I described how most emissions scenarios that are expected to keep warming within 2 or 1.5°C rely on negative emissions technologies (NETs) at large scales and how the new report from the Intergovernmental Panel on Climate Change addresses NETs (as well as how solar geoengineering could offer an additional means to …

CONTINUE READING

Politics, the Environment, and the Rural/Urban Divide

Rural areas have been home to regulatory skeptics. But there may be ways of changing that.

Is there an urban/rural split in America? Definitely so, in politics, demography, and economics — and on the environment. Consider this, from Dan Balz at the Washington Post: “in the 2,332 counties that make up small-town and rural America, [Trump] swamped his Democratic rival, winning 60 percent of the vote to Clinton’s 34 percent.” But Balz reports …

CONTINUE READING

States Rally Around Renewables

States have ignored Trump to promote clean energy within their borders.

CLEE published a survey of state energy policies through 2017.  The trend toward renewables has continued in 2018. Even after nearly two years of the Trump Presidency, states haven’t given up. Instead, they’re moving forward aggressively. If anything, Trump seems to have stimulated these states to try even harder. Here’s a quick rundown of what’s …

CONTINUE READING

On the future of climate policy

A response to William Nordhaus’s comments about how essential carbon taxes are to addressing climate change

William Nordhaus recently (and deservedly) won the Nobel Prize for Economics for his work on the economic implications of climate change and policies to respond to climate change. In the press coverage after the award, some comments were attributed to Nordhaus that I think are important to consider in more depth – in part because …

CONTINUE READING

Land Use Planning, Transit, and the Dodgers: The Legal Planet World Series Special

Stop the Myths About Evil Walter O’Malley

Since the World Series starts in a few hours, I fully expect the standard kvetchers to come out of the woodwork and complain about Los Angeles stealing the Dodgers from Brooklyn, etc. Peter Golenbock, in Bums: An Oral History of the Brooklyn Dodgers, compares O’Malley to Hitler and Stalin. Nonsense. It is time to set …

CONTINUE READING

What to Make of Chief Justice Roberts’ Stay of the Juliana Case

It’s only temporary but stay tuned

Last Friday, as Rick Frank previously blogged, Chief Justice Roberts put a temporary halt to the Juliana v. United States trial –the Juliana  case was brought by a group of children alleging that the United States has violated the public trust doctrine and various provisions of the US. Constitution in failing to protect them from the ravages …

CONTINUE READING

American Journal of International Law Publishes Symposium on Climate Change Localism

California rancher Ned Wood unlocks the controls for the photovoltaic solar cells and well pump on Friday, Jul. 24, 2015 in Contra Costa County, CA.

The online alter ego of the American Journal of International Law, AJIL Unbound, has just published its symposium on Climate Change Localism. The symposium explores the implications of subnational actors’ efforts to address climate change. The explosion of initiatives and declarations in recent years outside the federal government, ranging from state and local governments to …

CONTINUE READING

Modernizing the Grid

Utilities are spending billions of dollars to make the grid more reliable and sustainable.

In my last post, I talked about how Obama’s Clean Power plan was the right response to a changing grid. The grid is in the process of changing even more. Itwas designed for some relatively straightforward tasks. The main power plants, mostly burning coal (but sometimes natural gas or nuclear energy), ran day and night. …

CONTINUE READING

Jumping the Fence Line, Embracing the Grid

Precedent from another agency for the Clean Power Plan.

If you’ve been reading this blog or otherwise keeping up with environmental law, you’ve probably heard this a hundred times: In rolling back Obama’s signature climate regulation, the Clean Power Plan, the Trump Administration is relying on the idea that EPA’s jurisdiction stops at the fence line. That is, according to the Trump folks, EPA …

CONTINUE READING

TRENDING