Climate Change

All 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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Trump and Climate Change

There’s Nothing Good to Be Said About It

A Trump Presidency is a disaster for U.S. leadership on climate change. There’s no other way to spin this election.  Myron Ebell, the head of Trump’s EPA transition team, thinks that President Obama’s Clean Power Plan is illegal, the Paris Agreement unconstitutional and that climate change “is nothing to worry about.”  Though most of the …

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Hanging in the Balance: The Future of Environmental Law

10 huge questions that will be answered today.

By tomorrow morning, we should know a lot more about the future of environmental law — maybe, whether it has any future.  We’ll certainly learn whether the U.S. will give up the fight against global warming.  Whichever way you vote matters! Here are ten key questions we will be able to answer 24 hours from now: …

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Climate Science Takes Win in Effort to Save Bearded Seal

Ninth Circuit upholds NMFS’s reliance on climate projections to 2095 in decision to list Pacific bearded seal as threatened under ESA

Climate change is expected to wipe out critical habitat of the Pacific bearded seal by 2095.  This projection, based on IPCC climate data and models, justifies listing the Beringia distinct population segment of the bearded seal as threatened under the Endangered Species Act, according to a recent Ninth Circuit opinion in Alaska Oil and Gas …

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Still Undecided? Here’s What You Need to Know

Trump says climate change is a hoax & favors more coal and oil. Clinton wants climate action.

The positions of the two candidates on climate change are polar opposites. Trump wants to undo all of Obama’s effort to fight climate change and increase renewable energy.  He views climate change as a hoax. In fact, just this past Tuesday, he vowed to abolish all U.S. climate programs. Clinton views climate change as a …

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Confronting the “Emissions Gap”

Long-term thinking and short-term deficiencies in climate change mitigation

With the Paris Agreement now ratified by 86 countries, and entering into force this Friday, countries have defined their first targets—the first round of nationally determined contributions (NDCs). The United States has pledged to reduce GHG emissions 26-28% below 2005 levels by 2025. This initial round of NDCs is significant, but represents only a short timeframe and …

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The Steadily-Dying Sierra Nevadas

Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests

Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend.  As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …

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A Stark Contrast: Clinton v. Trump on Climate Policy

Clinton wants to cut carbon emissions, Trump wants to raise them.

Forty percent of millennials don’t see a difference between Clinton and Trump on environment, energy, or climate policy.  That’s just wrong — so wrong that it’s hard to believe anyone is that misinformed.  The candidates are as different as day and night on those issues.  As Paul Krugman said on Friday, “there is a huge, …

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Celebrating California’s Climate Change Leadership

State Government Leaders From Both Parties Celebrate AB 32’s Tenth Anniversary

In stark contrast to a dysfunctional national government and an utterly dispiriting presidential campaign, Sacramento, California was today the site of an inspirational, bipartisan celebration.  Current California Governor Jerry Brown, a Democrat, and his predecessor, Republican Governor Arnold Schwarzenegger, joined past and present state legislative leaders to commemorate the 10th anniversary of California’s landmark Global Warming Solutions Act of 2006, better known as …

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The Clean Power Plan Oral Arguments

After marathon hearing, EPA comes out on top

Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. …

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