federalism
Guest Blogger Ken Alex: The Issue of Scale in Climate Solutions
Post #10 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the tenth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] The issue of scale is intertwined with political will, discussed in my prior post,but also poses separate challenges. If …
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CONTINUE READINGGuest Blogger Ken Alex: Political Will to Address Greenhouse Gas Emissions
Post #9 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the ninth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] I said at the outset of these blog posts that political will and the issue of scale are bigger …
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CONTINUE READINGThe Return of Federal Common Law
Will the federal courts take over control of climate change litigation? One judge says so.
I’m traveling but wanted to get in a few quick words about Judge Alsup’s decision today in the California climate change litigation. This is a really complex issue, and I wanted to try to unpack it a bit. In general, except where a federal statute or constitutional provision is the basis for an action, legal …
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CONTINUE READINGRenewable New England
The New England states include Massachusetts, Connecticut, Rhode Island, New Hampshire, Vermont, and Maine, with a total population of 8 million. These states are all small in acreage but have larger populations than many western states – for instance, tiny Rhode Island has a larger population than the Dakotas, Wyoming, Montana, or Alaska. In terms …
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CONTINUE READINGRenewable Energy on the Lower Mississippi
From Missouri to Louisiana to Alabama, fundamental similarities but individual differences.
The states in the lower Mississippi basin have a lot in common. From Missouri down to Louisiana and Alabama, they all voted for Trump. These states – Mississippi, Alabama, Arkansas, Missouri, and Tennessee – were all part of the Confederacy. (I’m stretching geography a bit by including Alabama, since only the top of the state …
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CONTINUE READINGThe Anthropocene and public law
Major doctrinal changes could occur in constitutional law, administrative law, criminal law
In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a …
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CONTINUE READINGWhere the Wild Things Are
For endangered species, don’t think Alaska or Montana. Think Hawaii and California. And Alabama.
When we think about preserving nature in the United States, we tend to think of the country’s great wilderness areas in places like Alaska and the Rockies. We don’t think about Alabama or Puerto Rico, for instance. But in terms of biodiversity protection, this is almost the opposite of the truth. By and large, the …
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CONTINUE READINGUnder the Radar: What States are Doing About Energy and Climate
Despite Trump, renewable energy is firmly rooted and growing across the nation.
What happens in Washington gets a lot of attention. You probably also follow what’s going on in your own state. But it’s very hard to know what’s happening at states across the country. In an effort to get a better sense of that, I’ve explored state activity on climate change and energy in a series …
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CONTINUE READINGCalifornia Members of Congress Seek to Eviscerate State Water & Environmental Laws
H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes
Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month. And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …
CONTINUE READINGShould the Feds Leave Regulation to the States?
The more we’ve learned about environmental problems, the less they seem purely local.
Voices in and out of the Trump Administration have called for a shift responsibility for environmental protection to the states. Given that none of them has ever shown enthusiasm for state environmental protection, it’s possible whether their rule concern is federalism or deregulation. (In fact, as NYU’s Ricky Revesz points out, Pruitt has generally opposed …
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