Climate Change

Comments on proposed ESA rule changes

Law professors submit detailed comments on proposed changes to regulations that implement the Endangered Species Act

I’ve posted earlier about proposals by the Trump Administration to make significant changes to the regulations implementing the Endangered Species Act, some of the most substantial revisions to those regulations since they were overhauled in the early 1980s.  A group of environmental law professors (including me) submitted comments on those proposed rules last month, with …

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“What stands in the way becomes the way.”

Using current climate policies to address future political barriers to more stringent policy

Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies.  (See coverage here for Canada, and here for Australia.)   Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two …

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Burning in the Heat

Wildfires were bad enough already. Climate change is making them worse.

Fires have been unusually severe lately. According to one scientist, “’[I]n the late 20th and early 21st century, with these hot droughts, fires are ripping now with a severity and ferocity that’s unprecedented,’ says Tom Swetnam. . . . A fire in the Jemez Mountains Swetnam studies burned 40,000 acres in 12 hours, a ‘horizontal …

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A Major Challenge for Avoiding Climate Change Hides In Plain Sight

Bio-energy with carbon capture and storage

If we probably cannot keep global warming within agreed-upon limits by reducing emissions alone, how could we?

Next week, the international body responsible for assessing climate change will release a special report on the 1.5°C target, an ambitious, international goal to limit global warming that became part of the Paris Agreement in 2015. The report might mark a significant turning point for how policy makers, the scientific community, and others think about …

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Spreading Like Wildfire

They don’t get as much attention as floods or earthquakes, but wildfires are deadly serious.

This is the first of a three-part series about wildfires. Massive wildfires are a growing problem, posing risks to people and the environment. Considering that my house is located only a few miles from the 1991 Oakland Hills fire, which killed 25 people, destroyed 2800 homes, and caused $1.8 billion in damage, this is an …

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China at the Global Climate Action Summit

Climate Action from the World’s Largest Emitter

Governor Brown’s Global Climate Action Summit came to a close this past Friday in San Francisco. A large delegation of Chinese government officials, researchers, business leaders and civil society representatives were on hand for the proceedings. Xie Zhenhua, China’s special representative on climate change, reaffirmed China’s commitment to action on climate change. While Xie had …

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Reflections from Climate Conference No. 2: The Global Climate Action Summit

Similarly inspiring, with an added dollop of controversy

Last week’s Global Climate Action Summit in San Francisco was at once exciting, inspiring, thought-provoking, and controversial. While I was reinvigorated to push my career in climate change and environmental law and policy, it also forced me to critically think about the nuances in climate change policymaking. As promised, here is an overview of my …

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California’s New Energy Law (SB 100) Is a Piece in a Larger Puzzle

Rooftop solar,storage and energy efficiency still play critical roles

California’s new landmark energy law should be a matter of pride for the whole state. It calls for electricity providers to rely on renewable sources for at least 60% of their delivered power by 2030 and on zero greenhouse gas-emitted sources for the remaining 40% by 2045. People refer to this as the 100% clean …

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New Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry

Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.

Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten …

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EPA Makes a Pit Stop at the “Chevron” Station

EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.

The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws.  I’d like instead to talk about its …

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