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Endangered Deference
The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise
Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …
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CONTINUE READINGWhere’s the Beef?
Mississippi’s “Veggie Burgers” Ban is Almost Certainly Unconstitutional
Mississippi recently passed a law that has the effect of banning terms like “veggie burger.” It’s easy to imagine other states passing similar laws. From an environmental view, that’s problematic, because beef in particular is connected with much higher greenhouse gas emissions than plant products. It’s not just the methane from cow-burps, it’s also all …
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CONTINUE READINGCan Planting Trees Solve Climate Change?
Unfortunately, a new scientific paper overstates forests’ potential
Today, The Guardian reports: Tree planting ‘has mind-blowing potential’ to tackle climate crisis Planting billions of trees across the world is by far the biggest and cheapest way to tackle the climate crisis, according to scientists… As trees grow, they absorb and store the carbon dioxide emissions that are driving global heating. New research estimates …
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CONTINUE READINGUnderstanding the Green Energy Transition: A Conversation with David Spence about EnergyTradeoffs.com
UCLA Professor of Law and Legal Planet contributor William Boyd recently interviewed David Spence of the University of Texas School of Law about EnergyTradeoffs.com, a new web site that explores some under-discussed aspects of the green energy transition. BOYD: Tell me about EnergyTradeoffs.com. Why this web site and why now? SPENCE: EnergyTradeoffs.com is aimed at …
CONTINUE READINGMaking Key Policy Decisions in Advance of Droughts
Part 6 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
It’s hard to respond effectively to a crisis when you don’t have clearly defined priorities. This is true for sudden-onset crises, like floods and wildfires, and also for slow-onset crises, like droughts. My recent posts have explored why the State Water Resources Control Board (Board) should develop a contingency-based framework to support its drought decisions …
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CONTINUE READINGARPA-E: Surviving and Thriving Despite Trump
Trump keeps trying to kill it, but the energy innovation hub keeps on going.
In the long run, supporting energy innovation is among the most important things the federal government can do to address climate change. Naturally, Trump wants to end that. In what has become an annual ritual, his most recent budget proposal calls for eliminating the Advanced Research Projects Agency-Energy (ARPA-E). The agency’s mission is to support …
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CONTINUE READINGA Contingency-Based Framework to Support Drought Decision Making
Part 4 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In my last post, I outlined actions the State Water Resources Control Board (Board) can take to improve its future drought response capabilities. Our core recommendation is for the Board to bring greater predictability, timeliness, and effectiveness to water rights administration and oversight during droughts by proactively developing a contingency-based framework to support its drought …
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CONTINUE READINGActions to Improve California Water Rights Administration and Oversight for Future Droughts
Part 3 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts
In California, the next drought is always looming on the horizon. While we don’t get advance warning of when a drought will occur, how long it will last, or how severe it will be, we do have advance knowledge that drought planning and preparation are important. First, we know water management during droughts can have …
CONTINUE READINGSingle-Use Plastics Need Comprehensive Federal Legislation
Despite state and local action, more effective reduction of single-use plastics must come from Congress.
Editor’s note: this article was originally published in The Regulatory Review on February 13, 2019. Plastic pollution appears to be arising ever more frequently in the news. Companies like Starbucks have announced voluntary steps to rid their stores of plastic straws. China is wielding its “National Sword” policy, which places restrictions on the amount and type of plastic waste it …
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CONTINUE READINGBottoms-Up! An Emerging New Governance System (4)
We can think of the energy system as a kind of ecosystem, and renewables as an invasive species.
As I’ve discussed the earlier three posts in this series, it is possible to imagine a cycle of positive feedback, in which the history of past climate efforts increases the likelihood of future ones and even draws more jurisdictions into the effort. But it is also possible to imagine that bottom-up efforts might not catch …
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