Climate Change

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, …

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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 …

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Ripped from the Headlines

This is not, unfortunately, an April Fool’s joke. Not at all.

Here’s a selection of recent headlines, which I only wish I had made up for April Fool’s Day. “Earth just had its hottest year ever recorded — by far.” — NBC “Hurricanes are getting so intense, scientists propose a Category 6”— Washington Post “Parts of Amazon rainforest could tip toward collapse by 2050, study warns.” …

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

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

In West Virginia v. EPA, the Supreme Court struck down the Obama-era Clean Power Plan.  The heart of the ruling was that EPA had engaged in a power grab, basing an unprecedented expansion of its regulatory authority on an obscure provision of the statute.  Conservative groups have claimed since then that virtually every government regulation …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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Ranking Presidents on Climate Change

Seven presidents, seven very different legacies.

Although a 1977 memo alerted Jimmy Carter to the problem of climate change, the first tentative responses to climate change didn’t emerge until he left the White House. Since then, there have been seven very different men in the White House.  You may find the rankings surprising. Here’s how I would rank them, from best …

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How Can Cities Ensure EV Charging Accessibility for Lower-Income Drivers?

Watsonville, California as a Case Study for Policymakers

California’s ambitious goal to end the sale of internal combustion engine passenger vehicles by 2035 will require addressing the challenges faced by lower- and moderate-income drivers in accessing battery-powered electric vehicles (EVs). Chief among these concerns is their need to have a convenient and affordable place to charge the vehicles. Currently these residents too often …

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Climate Justice, Climate Finance and Pragmatism for Tropical Jurisdictions at COP28

Exploring the urgency of subnational climate action: insights from COP28 on financing tropical forest conservation, indigenous empowerment, and sustainable livelihoods by the Governors’ Climate and Forests Task Force network.

The Governors’ Climate and Forests Task Force (GCF Task Force) engaged in the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Dubai, marking a pivotal moment in the global climate dialogue. This significant international forum serves as a crucial platform where nations, subnational entities, and …

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Dr. King, Community, and Climate

 Climate policy turns on an issue highlighted by Dr. King: Whose suffering counts?

“A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.” Those words are from a 1967 speech delivered at Riverside Church by Dr. …

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California Courts Foil Westlands Water District’s Grinch-Like Water Grab

Westlands’ Efforts to Permanently Privatize California Water Opposed by Unique Coalition & Rejected by Skeptical Judges

While there’s a great deal that’s dysfunctional and downright wrong about water law and policy in California, occasionally there are positive developments to report.  So it’s most satisfying to end 2023 with some good news regarding water in the Golden State. This is the saga of how the Westlands Water District tried to privatize a …

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