Climate Change

Clearing Title (and Rain Forest)

On Friday, the day Waxman-Markey passed the U.S. House, another significant legal development took place — one that may also bear on climate change.  President Lula of Brazil signed a bill providing legal title to squatters on Amazon land.  Opponents argue that it will spark speculation in Amazonian property and increase deforestation.

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Climate Bill Passes House!

The Waxman-Markey bill narrowly passed the House yesterday.  This is a historic achievement. As Cara reported yesterday, there are some real qualms about whether the bill is strong enough — and particularly about its heavy reliance on offsets.  Environmentalists have never liked offsets, partly because they lessen the technology-forcing effect of emissions controls and partly …

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Is Waxman-Markey Even Worth It?

If Michael O’Hare is right about this, then Waxman-Markey might not be worth the candle: Waxman appears to have sold out the indirect land use issue in a deal with Peterson on the climate change bill: “Waxman also consented to block EPA from calculating “indirect” greenhouse gas emissions from land-use changes when implementing the federal …

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Climate Report from Copenhagen

The University of Copenhagen has issued a synthesis report on Climate Change: Global Risks, Challenges and Decisions.  A good summary can be found here.  The authors include such luminaries as Sir Nicholas Stern (author of the Stern Report) and Dan Kammen (from Berkeley’s Energy and Resources Group).  The bottom line: “further inaction is inexcusable.” Future …

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Confronting Uncertainty Under NEPA

Quantifying risks with confidence is often difficult. For the past thirty years, agencies and courts have struggled with the treatment of uncertainty in environmental impact statements. This problem is all the more important today. Climate change will require innovative solutions – new energy technologies, new adaptation strategies. These innovations will inevitably pose risks, often in …

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The Supreme Court’s Love Affair with the Takings Clause–Not Over Just Yet

One of the biggest differences between the U.S. Supreme Court under former Chief Justice Rehnquist and the Court under current Chief Justice Roberts is the comparative interest in property rights and the Constitution’s Takings Clause. From 1978 until Rehnquist’s death in 2005, the Supreme Court heard one or more takings cases each Term–culminating in the …

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Is EVERYTHING Related to Climate Change?

I don’t want to seem obsessed with a single issue, so I keep trying to come up with topics that have absolutely no relationship with climate change.   But I can’t seem to find any. The fact is that energy is such an integral part of our economy that almost all activities connect one way or …

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FutureGen Back on Track

The U.S. Department of Energy announced  today that it will restart FutureGen, a large-scale demonstration project to determine the feasibility of capturing and sequestering carbon dioxide generated from  coal-fired power plants.  As Dan described in an earlier post, the Bush Administration had cancelled FutureGen based on cost-overruns, overruns that turned out to be based in …

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California environmental justice advocates sue Air Resources Board over climate scoping plan

UPDATES: California Air Resources Board Chair (and former UCLA colleague) Mary Nichols comments below. The Complaint in this action is available here (caption page separately available here). A coalition of California environmental justice advocates has filed a lawsuit challenging the legality of the California Air Resources Board‘s scoping plan for AB 32, the landmark climate …

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Declaring War Against Climate Change

The NY Times describes the current negotiations in Beijing as resembling an arms control contest, with demands for verifiable reductions (but in emissions rather than missiles).  The military comparison may be apt. Dealing with climate change is going to be like fighting a major war in a number of respects: *It will involve mobilizing for …

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