Academia
New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act
Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments
[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments. This article provides detailed historical research and …
CONTINUE READINGWhat Are Law Schools Doing About Climate Change?
Quite a bit, as it turns out.
Law schools produce volumes of scholarship on climate change and energy issues. They also train the next generation of leaders in environmental law. Those are the traditional roles, but many law schools are also engaging more directly with those issues. I’ve put together a sample of some current programs, which illustrate the depth and diversity …
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CONTINUE READINGU.C. Davis School of Law Launches New Water Justice Clinic
Environmental Justice Expert Camille Pannu Selected to Lead Pioneering Clinic
The U.C. Davis Martin Luther King, Jr. School of Law has launched an exciting new Water Justice Clinic designed to advocate for clean, healthy and adequate water supplies for all Californians. The new Clinic is a project of the Aoki Center for Critical Race and Nation Studies, in partnership with the California Environmental Law and …
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CONTINUE READINGWhoops, We Almost Forgot to Ask You For Money!
In otherwise grim times, Berkeley & UCLA are supporting California’s forward environmental progress.
Unlike a lot of blogs, we don’t plague you with requests for money. But it’s that time of year And this is your last chance for a deductible 2016 gift to support positive change in a really negative time for our country. Legal Planet is a joint product of the Berkeley’s Center for Law, Energy, …
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CONTINUE READINGUpdate on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants
UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts
Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last …
CONTINUE READINGSurveying Climate Change Law
In only 25 years, a dynamic new field of law has taken root.
Climate Change Law, the first volume of Elgar’s Encyclopedia of Environmental Law has just appeared. There are a number of excellent edited collections about aspects of climate change law. What distinguishes this one is that breadth of the coverage, including both international and domestic aspects of carbon reduction and adaptation to climate change. The book confirms how quickly climate change …
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CONTINUE READINGGreat environmental law scholarship
Some of the best articles in the field from 2014-15
Some of our readers may be interested in what is happening in environmental legal scholarship. So I thought I’d post about the Land Use & Environment Law Review, which is Thomson Reuters/West Publishing’s peer-selected annual compendium of significant legal scholarship in land use and environmental law. About sixty reviewers (made up of environmental law professors) …
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CONTINUE READINGWhat is the Price of Equality?
Do Local Land Use Regulations Violate the Fair Housing Act?
One of the great things about studying land use is that it comprises so much of modern life. That creates some disciplinary problems: one UCLAW colleague who shall remain nameless (but comes from Pennsylvania) told me several years ago that he didn’t think land use was part of environmental law at all. (He has since …
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CONTINUE READINGUpcoming Regulatory Takings Conference 2016
Nation’s Top Annual Takings Event Set for November 4th in New Orleans
One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels. Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental …
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CONTINUE READINGBeyond Administrative Law
Law students need to know about more than administrative procedure and judicial review.
Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools. It’s a great course, but it’s limited. The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative …
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