Climate Change

The Supreme Court Stay and the Dog That Didn’t Bark

EPA’s Requirements for New Plants Remain Intact

The Supreme Court’s stay of the Clean Power Plan was a surprise to almost all observers, maybe even to the lawyers requesting the stay.  We can only speculate on what the five majority Justices had in mind, since there was no written opinion. The practical impact of the decision is also unclear. E&E news reports that the …

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Want an Economy-Wide Cap on U.S. Climate Emissions? Consider This Corner of the Clean Air Act

New report on Section 115 of the Act suggests an interesting post-Paris approach

A largely-untapped provision of the Clean Air Act authorizes the U.S. Environmental Protection Agency to develop and implement an economy-wide, market-based program to reduce domestic greenhouse gas emissions and achieve the Obama Administration’s Paris Agreement pledge, according to a report released today by several coordinating law school centers, including the Emmett Institute at UCLA.  See …

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Climate Change, Energy, and the State of the Union

Quite a focus on climate change, this time around.

“Look, if anybody still wants to dispute the science around climate change, have at it. You’ll be pretty lonely, because you’ll be debating our military, most of America’s business leaders, the majority of the American people, almost the entire scientific community, and 200 nations around the world who agree it’s a problem and intend to …

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Student Guest Blogger Terra Laughton: Perspectives on COP21

Terra Laughton, UCLA School of Law JD class of 2017, shares her perspective on attending the Paris climate negotiations

I am a second-year student at UCLA School of Law. I recently returned from two weeks in Paris attending COP21. My classmates and I had already boarded our plane at Charles De Gaulle when the Paris Agreement was officially adopted—we learned of the news upon landing in Los Angeles. While it would have been exhilarating …

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Student Guest Blogger Sarah Kozal: India, Technological Innovation, & the Energy Sector

Sarah Kozal, UCLA School of Law JD class of 2016, shares her perspective on attending the Paris climate negotiations

For students, much of the excitement of attending the COP as part of a country’s delegation comes from the opportunity to sit in multi-party negotiations. But when nearly the entire second week in Paris turned into bilateral negotiations, a break from the crazy schedule of article-focused meetings gave us a chance to explore the multitude …

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Does the Paris Agreement Open the Door to Geoengineering?

If we’re serious keeping warming “well below 2°C, geoengineering may be necessary.

The Paris establishes an aspiration goal of holding climate change to 1.5°C, with a firmer goal of holding the global temperature decrease “well below” 2°C. As a practical matter, the 1.5°C goal almost certainly would require geoengineering, such as injecting aerosols into the stratosphere or solar mirrors. Even getting well below 2°C is likely to …

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China and the Paris Agreement

The Long Road from Copenhagen to Paris

Six years ago in Copenhagen, China was seen as the spoiler. A widely read article claimed that China had “wrecked” the Copenhagen deal. One of China’s lead negotiators suggested that American envoy Todd Stern was “ignorant,” lacking in “common sense” or “extremely irresponsible.” What a difference a few years can make. On Saturday in Paris, …

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NEWSFLASH: Paris Agreement Adopted

FINALLY, a global agreement to move forward.

The Paris agreement has now been adopted.  As the Washington Post reports: “Negotiators from 196 countries approved a landmark climate accord on Saturday that seeks to dramatically reduce emissions of the greenhouse gases blamed for a dangerous warming of the planet.  The agreement, adopted after 13 days of intense bargaining in a Paris suburb, puts …

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Thoughts on the Accomplishments of the Paris COP

Climate Change is a Super-Wicked Problem that We’re Beginning to Solve

As the 21st Conference of the Parties comes to a close in Paris, much ink will be spilled analyzing the historic agreement that 195 countries have now reached. Some of that commentary will, undoubtedly, be cynical. The agreement is not in the form of a traditional treaty requiring country ratification. The country commitments to reduce …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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