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The Turning Tide

Last week featured some remarkable developments relating to climate policy.

Some events last week sent a strong signal that the tide is turning against fossil fuels. Each of the events standing alone would have been noteworthy. The clustering of these events dramatizes an important shift. To paraphrase Churchill, this may not be beginning of the end for fossil fuels, but at least it is the …

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Happy Birthday, Chevron Doctrine!

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Thirty-six years ago today, the Supreme Court decided the Chevron case. The case gives leeway to agencies when their governing statutes are unclear or have gaps. It’s probably the most frequently cited Supreme Court opinion ever. But now the Chevron doctrine is under fire from conservatives, who used to be its strongest advocates. Here’s how …

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The Anthropocene and public law

Major doctrinal changes could occur in constitutional law, administrative law, criminal law

In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a …

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Guest Blogger Joel Eisen: D.C. Circuit Vacates FERC Smart Grid “Demand Response” Rule

Joel B. Eisen is Professor of Law and Austin Owen Research Fellow at University of Richmond School of Law. His scholarly work is available here. Last Friday (May 23), in Electric Power Supply Association v. FERC, a D.C. Circuit panel split 2-1 and vacated Order 745, a Federal Energy Regulatory Commission (FERC) rule designed to …

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Guest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …

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Environmental Hypocrisy

Recently, CBS’s 60 Minutes ran a story on the current environmental damages litigation 30,000 Ecuadorians are bringing in that country’s courts against Chevron. The case arises out the toxic oil wastes a Chevron subsidiary left behind in the Ecuadorian rain forest following decades of oil production deep in the headwaters of the Amazon. The plaintiffs, …

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Addressing Corruption In Electric Vehicle Battery Supply Chains

New CLEE/NRGI issue brief offers solutions

The New Frontier of Methane Regulation 

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

When Communities Take Over Their Energy Systems

Is Local Control A Good Thing? It’s Complicated . . .

Climate Change and the Hard-Headed Realist

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

Why Do Small Changes in Global Temperature Matter So Much?

One problem is that we’ve pursued optimization rather than robustness.

Climate Backlash

Vicious attacks on climate progress are on the rise.

A Guide to Environmental Law Centers

There are twenty and the list is growing.

U.S.-China Climate Deal Means Good Vibes for COP28

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

Four EV Trends

One of these things is not like the others.

Why There is (Still) a Carrot Boycott in Cuyama Valley

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

A Guide to Environmental Law Centers

There are twenty and the list is growing.

What to watch for, and ignore, at the upcoming climate talks in Dubai

UCLA Law’s Mary Nichols, Alex Wang, and Ted Parson preview COP28 in a webinar this Wednesday.

Evolving Air Quality Standards

The standards have gotten tougher. Compliance still lags.

Who Should Own Our Electric Utilities?

Voters in Maine rejected a ballot initiative to buy out private utilities, but the campaign reflects a growing interest in public power.

Climate Policy in the World’s Fourth Largest Country

In case you’re wondering, that would be Indonesia in terms of population.

How to Get to Zero Emissions at the Ports

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Chevron

Last week featured some remarkable developments relating to climate policy.

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Major doctrinal changes could occur in constitutional law, administrative law, criminal law

TRENDING

New CLEE/NRGI issue brief offers solutions

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation.

Is Local Control A Good Thing? It’s Complicated . . .

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

One problem is that we’ve pursued optimization rather than robustness.

Vicious attacks on climate progress are on the rise.

There are twenty and the list is growing.

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

One of these things is not like the others.

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

There are twenty and the list is growing.

UCLA Law’s Mary Nichols, Alex Wang, and Ted Parson preview COP28 in a webinar this Wednesday.

The standards have gotten tougher. Compliance still lags.

Voters in Maine rejected a ballot initiative to buy out private utilities, but the campaign reflects a growing interest in public power.

In case you’re wondering, that would be Indonesia in terms of population.

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Some thoughts for Environmental History Week.

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

Vicious attacks on climate progress are on the rise.

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 