Legal Planet

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes conservation as an essential component of public lands management, on equal footing with other multiple uses of these lands.” By way of quick ba...

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

It’s not hard to imagine the conservative super-majority pursuing its campaign against regulatory agencies like vultures picking over the bones of environmental law. That’s certainly possible – vulture eggs do, after all, generally hatch into vultures. But it’s not by any means a done deal. There are multiple pathways the Court could take – none of them good, but some much more destructive than others. The worst-case scenario is easy to envision based on...

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

I did a post on Thursday flagging some "unanswered questions" about RFK, Jr. and climate change. I had no intention of ever posting about his campaign again, let alone this soon. But by a wild coincidence, E&E News released a story the very next day about its interview with Kennedy that addressed those questions. Some of his answers may be what you expected. Others may surprise you, like his embrace of natural gas as a fuel and his reservations about regulating...

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

A key part of California’s climate policy has always been its cap and trade system. Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. I’ve been digging into the rules, the explanatory website set up by the California Air Resources Board (CARB), and secondary sources to try to figure some of these things out. Despite complexities, the basic idea behind the trading system is simple. The state sets an annua...

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner's Takings Challenge to County's Traffic Impact Fee Heads Back to State Court

On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment's Takings Clause? In yet another "regulatory takings" case from California, the Supreme Court wound up not answering that precise question. Instead, the justices unanimously ruled that the California state courts had applied the wrong constitutional stand...

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States' Challenge to California's CAA "Waiver Authority"

This week California and the Biden Administration's Environmental Protection Agency won a critically-important environmental lawsuit in the U.S. Court of Appeals for the District of Columbia. The case involves a constitutional challenge brought by a coalition of conservative ("red") states to E.P.A.'s delegation of federal Clean Air Act (CAA) authority for California to adopt regulations limiting greenhouse gas (GHG) emissions from motor vehicles and mand...

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

In a flare-up between former allies last week, Rep. Ro Khanna, a progressive Democrat, asked Nicole Shanahan to think twice about continuing as RFK Jr.’s running mate. His argument was that the campaign could ultimately send Donald Trump back to the White House, risking the destruction of U.S. climate efforts. The resulting public exchange is revealing about what motivates independent candidates like Shanahan. It also points to a conundrum for the Kennedy-Shanahan...

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

China’s global rise has raised concerns about impacts on the environment in a bewilderingly wide range of issues. These include global climate change, deforestation, impacts on rare and endangered species, harm to fisheries, environmental impacts of overseas infrastructure, mining, and energy sector investments, to name just a few. Popular attention has often focused on Chinese government action (or lack thereof) and the behavior of Chinese companies “going out” ...

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

CLEE has just released a new report, Offshore Wind & Community Benefits Agreements in California: CBA Examples, detailing the CBA and other community provisions in California’s offshore wind leases, as well as examples of CBA precursors and models from other industries. Read it here. As California offshore wind moves forward, there are opportunities for underserved, environmental justice, and tribal communities to secure benefits and community investment (if com...

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

By the time my youngest granddaughter is thirty, Nigeria will be the world’s third-largest country. It’s also one of the countries that's least prepared to adapt to climate change, which will be much worse by then. Nigeria’s population is expected to roughly double by 2050, to around 400 million. The population was previously expected to double again by 2100, but the current estimate is that it will reach “only” about 550 million. In the meantime, China�...

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner's Takings Challenge to County's Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States' Challenge to California's CAA "Waiver Authority"

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

TRENDING

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.