Adaptation
Guest Blogger Ken Alex: Resilience and Adaptation
Post #7 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the seventh post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] Climate change has arrived. Our fire season never ends; we no longer know if we will have a rainy …
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CONTINUE READINGThe Anthropocene and private law
Areas such as torts and property will face significant challenges
I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior. In this post, I want to spin out some of the implications of …
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CONTINUE READINGThe Anthropocene and the legal system
Responding to the Anthropocene will produce pressure for substantial changes in our legal system
In my prior two posts, I discussed how humans are increasingly impairing natural systems on a global scale, and how those impairments of natural systems will have major negative impacts on human societies. How will these changes affect the legal system? The first important point in answering that question is that many of the changes …
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CONTINUE READINGHot Off the Presses: An Intro to Climate Change Law and Policy
The Paris Agreement. The Clean Power Plan. Geo-Engineering. Trump. And there’s more!
I’m really excited to announce the publication of Climate Change Law: Concepts & Insights (Foundation Press 2017), by Cinnamon Carlarne and me. There are lots of great scholarly tomes on the subject — either monographs or collected volumes. But there really hasn’t been anything that provides a comprehensive introduction to climate law as a whole, …
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CONTINUE READINGBreaking News: Coastal Commission Prevails in Major California Supreme Court Case
Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition
The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights. Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited …
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CONTINUE READINGAll Eyes on the Subnationals
After the election of Trump, state and local leaders have to step up
As my colleague Ethan Elkind pointed out in a blog post the other day, the most viable path forward in the fight to slow (cause we’re kind of past the ability to prevent) climate change after the election of Donald Trump as President on Tuesday will be at the sub-federal level. As Ethan pointed out, …
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CONTINUE READINGClimate Change Adaptation Strategy: Can California Do More?
Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?
I often tell students in my Climate Change Law and Policy course that adaptation–that is, how we can best adapt to the unavoidable impacts of climate change–is the poor stepchild of the debate over greenhouse gas emissions and climate change. By that I mean that climate change mitigation (i.e., how to reduce greenhouse gas emissions) generates far more …
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CONTINUE READINGAdapting to Increased Hurricane Risk
The WSJ reports that people in the Northeast are waking up and taking the same preparation steps that people in the Southeast have taken for decades to prepare for hurricanes. Such defensive expenditures help to stimulate our sluggish economy (I’ve read my Keynes) and shield the populace from the next disaster shock. “Zevan Cohen, …
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CONTINUE READINGWhat Does Climate Change Mean for Water Rights?
Dan Farber and I, along with Berkeley economist Michael Hanemann, have a new report out on climate change and water rights in California. The report—Legal Analysis of Barriers to Adaptation by California’s Water Sector—was prepared by Berkeley Law’s Center for Law, Energy & the Environment, and it can be downloaded here. The report was released …
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CONTINUE READINGLegal Planet reviews the IPCC
Congratulations to our LP colleagues Sean Hecht and Dan Farber for having been designated as expert reviewers of the IPCC 5th assessment report, to be published in 2014. They will be reviewing the drafts issued by Working Group II, which assesses climate change impacts, adaptation, and vulnerability. The IPCC’s assessment reports, written every five to seven years, have not been without …
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