Climate Change

The New NEPA Guidance

The new guidance on climate change is a step forward, though it could have been stronger.

The White House Council on Environmental Quality (CEQ) issued new guidance today on considering climate change in environmental impact statements.  Here are the key points: Quantification.  The guidance recommends that agencies quantify projected direct and indirect emissions, using the amount of emissions as a proxy for the eventual impact on climate change.  The EIS should also …

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A Clash of Visions

The two parties couldn’t disagree more about energy policy.

In every election, there are people who claim that both parties are alike. That’s certainly not true about energy policy this year.The distance between the tickets can be expressed numerically: Kaine has a 91% lifetime score of from the League of Conservation Voters, while Pence’s is 4%. And the differences between the presidential candidates are equally …

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California’s Cap-and-Trade Program After 2020

ARB publishes draft climate regulations that would extend the program

Against a backdrop of complex Sacramento politics on the future of California’s climate regulation, the state’s Air Resources Board last week issued an initial draft of regulations that would, among other things, extend the cap-and-trade program beyond 2020.  Does ARB currently have the authority to do that? Yes, probably.  But it’s complicated enough to leave room for disagreement. Here’s one version …

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The National Park Service and Climate Change

Does the agency have the legal tools to respond to climate change?

This past weekend President Obama visited Yosemite, helping the National Park Service celebrate its 100th anniversary.  As part of his remarks, the President noted that climate change is already causing major impacts on the resources in National Parks around the country—for instance, causing the disappearance of the glaciers in Yosemite and increasing fire risks in …

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Trump, Sanders Voters and Climate Change

If you need even one reason to vote for Clinton, climate change ought to suffice

I don’t pretend to understand the allure of Donald Trump.  I am an unabashed  supporter of Hillary Clinton.  I appreciate that many people I know and respect are Bernie Sanders supporters.  I am hoping that, once Clinton officially becomes the  Democratic candidate for President, Sanders supporters will work hard to elect Clinton as President, even …

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Appointing Guardians to Represent Future Generations

Could an old property procedure be a model for climate-related litigation?

From time to time, there is talk about giving standing to future generations. Although this is an idea whose time may not have come in the U.S., it’s important to know that the law has for many, many years allowed appointment of lawyers to represent future individuals. Typically, this is a procedure that is used in …

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The Cap-and-Trade Auction: Still Not a Tax

Folks are talking again about whether California’s climate cap-and-trade auction is an unlawful tax, rather than a valid exercise of the state’s regulatory power to control pollution.  The news hook for the revival of this conversation is a recent order, discussed below, from the California Court of Appeal to the parties in the court case where …

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UCLA Files Amicus Brief on Behalf of Electric Grid Experts in “Clean Power Plan” Case

Supporting EPA’s regulation of power-sector carbon emissions

Today, several of us at UCLA Law School’s Emmett Institute on Climate Change and the Environment—me, Cara Horowitz, Sarah Duffy, & Ann Carlson—together with Professor William Boyd of University of Colorado Law School, filed an amici curiae brief on behalf of five electric grid experts in support of the U.S. Environmental Protection Agency’s “Clean Power Plan” …

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A Sea Change in Climate Politics

Something strange has happened in Florida: Rising seas have changed GOP views.

There was a surprise question about climate change at the last Republican debate.  What was surprising wasn’t the question itself.  Instead, it was the source of the question: Tomás Regalado, the Republican mayor of Miami. It turns out that this wasn’t a fluke. Regalado and the Republican mayor of Miami Beach have spoken out in an …

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Creating An Exit Strategy for Our Use of Natural Gas

To meet long-term greenhouse gas reduction goals, all fossil fuels have to go, even natural gas.

Coal is the climate’s Public Enemy #1. The use of natural gas has helped to ensure that the coal problem has not become even worse. Without natural gas, we would use more coal for space heating and for many more industrial processes than is currently the practice. Without natural gas, our reliance on coal for …

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