Climate Change

Red States, Blue Governors

Democratic governors in deep red states can only do so much.

Democrats flipped a number of statehouses in the past two years.  In some of those states, the new governors have faced GOP legislatures.  Their travails indicate some of the limits of what a new President could accomplish with a GOP Senate. North Carolina, Wisconsin, and Kansas are three cases in point.  I want to ask …

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What Do Tomorrow’s Leaders Think About This Mess?

Listening to student voices on the pandemic, climate change, and the future

One thing I’ve always loved about teaching is the opportunity to see important issues through my students’ eyes. So for my last Climate Law and Policy class at UCLA Law this week, I asked my students to tell me what they are thinking about the future of climate policy in light of today’s global circumstances, …

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Just a Bit More on Earth Day(s) Past and Present

Kudos to the New York Times for Its Stellar Earth Day Coverage–Today & 50 Years Ago

This week, several of my Legal Planet colleagues and I have been posting and musing about Earth Days past, present and future.  As I write this, Earth Day 50 is winding down after a multitude of (largely online) demonstrations and celebrations across the globe. One long-term, disturbing development over the past couple of decades has …

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Green Stimulus?

https://chinapower.csis.org/energy-footprint/

Why so many coal plants are still being built in China.

During this Earth Week, it is encouraging to see glimmers of environmental ambition in various jurisdictions around the world. The EU is rolling out a European Green Deal with the goal of “striving to be the first climate-neutral continent.” South Korea, the world’s 7th largest greenhouse gas (GHG) emitter, recently announced a 2050 net zero …

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Fighting to Preserve the Clean Power Plan

Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of Clean Air Act Expert Tom Jorling

On Monday, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to repeal and replace the Clean Power Plan. (We filed the brief in our personal capacities and not on behalf of our respective institutions. Dan Farber also contributed valuable input.) Our client …

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Deferred Planetary Maintenance

It’s easy to put off long-term problems when there’s a crisis.  Much too easy, actually.

Long-term problems get short shrift in a crisis. That’s true of infrastructure repair; it’s also true of climate change.  Like deferred maintenance, climate change just gets bigger the longer it’s put off. I often see the fruits of deferred maintenance on the Berkeley campus. Building conditions are a huge problem at Berkeley. Whenever there’s a …

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Seven Months to Election Day (and Counting)

You may have forgotten, but the clock is still ticking.

You may not have been focused on this, but there will be a Presidential election seven months from today.  The stakes are enormous for environmental law.  In fact, those stakes can be measured in megatons of carbon.  There’s no question about Trump’s approach to environmental regulation. As of the beginning of this year, ninety-five environmental rollbacks …

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A Tearful Trump Rues Climate Denial

Greta Thurnberg Given Free Mar-a-Lago Lifetime Membership

Tears ran down his face as Trump paused in the middle of an unscheduled coronavirus briefing late last night. He turned to reporters saying, “Climate change. It’s a disaster. Who knew? It’s a real disaster. I alone can fix this!” Stunned White House aides attributed the comments to a telephone conversation that evening between Trump …

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Deciphering the SAFE Rule

When the agencies say x, they mean y

I’m one of many environmental lawyers this morning poring over the just-released final rule rolling back federal fuel economy and climate emission standards for cars.  I’m finding it helpful to create a key, of sorts, to the Orwellian language I’m encountering.  Here you go!  Happy reading, everyone.   What it says   What it means …

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Still Not SAFE

The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.

After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards.  This isn’t the only environmental rollback action the administration is planning to take during the coming …

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