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The Clean Power Plan Oral Arguments

After marathon hearing, EPA comes out on top

Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. …

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The Downward Political Spiral of a Declining Industry

As the coal industry weakens economically, it also loses political clout.

Tighter regulation contributes to an environmentally dirty industry’s economic decline, which reduces its political clout, which allows more regulation, further weakening the industry.  Coal is prime example. The coal industry’s economic plight is well-known.  Coal production is the lowest since a major strike 35 years ago. In fact, my colleagues at the business school report that coal …

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A Darker Shade of Green

Jill Stein and her party call for a 40% cut in U.S. carbon emissions in the next four years.

Although the Green Party  doesn’t seem to be pulling a lot of voters at this point, it seems only fair to include them in the roundup of the parties’ environmental positions.  As you could infer from the name, the Green Party puts a very high priority on environmental quality. Interestingly, the current party platform is dated …

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The Rise of “Cli-Fi”

What the Humanities Can Teach us About Climate Change Narratives

Over the past decade, an entire genre of climate skeptic literature has emerged. As many readers of this blog may well have experienced firsthand in personal conversations, climate skeptics are often very intelligent and may well hold advanced degrees. Dan Kahan’s work has made clear that climate skepticism derives as much from deeply-held values as …

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The Future of the Diablo Canyon Nuclear Plant

A group of scientists, philanthropists, and self-identified conservationists weighs in.

The role that nuclear power could or should play in helping to mitigate greenhouse gas emissions is worthy of serious debate, but the latest nuclear-related front-page story in the San Francisco Chronicle is a head-scratcher. Above the fold, the headline reads “Nuclear plant’s surprise backers,” followed by the following subheading: “Environmentalists push for Diablo Canyon …

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Traitors, Militias, Welfare Moochers, or Lobbyists?

Those Who Took Over the Oregon Wildlife Refuge are Robbing the Rest of Us

The Internets are filled with excellent (and some not-so-excellent) commentary on the right-wing militia takeover of a building in Oregon’s Malheur National Wildlife Refuge: I recommend this piece from the great Charles Pierce on the meta-political aspects. But the standoff is suffused with legal issues, and for Legal Planet readers, particularly environmental legal issues. At FiveThirtyEight, …

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We’ll Always Have Paris — Or Will We?

Some skepticism from an attendee about what can transpire there

Along with the UCLA Law crew of Ann, Ted, Cara, and Alex, plus six law students, I’ll be attending the UN climate change negotiations in Paris next week, primarily to highlight California’s effort to achieve a strong subnational agreement on greenhouse gas reductions. The “Under 2 MOU” is an impressive commitment by diverse subnational entities, …

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Planting Biofuels in California

New report on ways to boost in-state production of low-carbon biofuels, plus December 14th webinar

When we think of ways to reduce emissions from petroleum-based transportation fuels, electric vehicles get much of the headlines. Battery electric transportation certainly offers a viable, long-term alternative to petroleum fuels. But we’re still a few years away from an affordable, mass-market electric vehicle, and battery technology may be decades away, if ever, from being …

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Attack of the Killer Blob

A weird patch of warm weather is killing sea lions and poisoning crabs.

There’s a weird area of warm water, which has come to be known as the Blob, sitting offshore of the West Coast.  That doesn’t sound too significant, except perhaps in terms of making things more pleasant for swimmers.  But actually, it’s causing a whole cascade of impacts on wildlife and humans. As the Chronicle explains: “The …

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Exploring Potential Challenges to EPA’s New Source Performance Standard: PART III

CCS for coal power plants, but not natural-gas power plants?

This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …

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