Academia
Lighting Candles in Dark Times: Environmental Law Centers in the Trump Era
These law school centers show it’s possible find ways to make a difference.
Environmental law have become vibrant parts of the law and policy ecosystem. At a time when despondency seems all too common, the work of these law school centers offers beacons of hope for the future of environmental protection. Some of that work is playing defense — pushing back against deregulatory efforts — while other work plays offense by identifying innovative directions for environmental policy. A comprehensive survey isn’t practical, but I’ll provide examples from several different centers.
CONTINUE READINGThe Dark and Quiet Skies Campaign
What does Space Law have to do with environmental law? Satellites pollute in more ways than you think.
When you walk outside at night, do you ever wonder how many stars you can see? For most of human history, this would have been a foolish question. The night sky was filled with stars. Today, though, in any major city you may be lucky to see only a handful. For years, astronomers have warned …
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CONTINUE READINGThe Compact for Censorship
The so-called compact is a thin front for massive incursion into free speech and academic freedom.
A key First Amendment principle prohibits the government from discriminating on the basis of viewpoint. This Compact contains a string of viewpoint-based rules. That’s a threat to any view the government doesn’t like, which definitely includes a belief in climate change or the benefits of renewable energy. Because violation of the agreement triggers draconian sanctions, and the Administration is the judge of what constitutes a violation, the chilling effect will be tremendous.
CONTINUE READINGFederalism Is For Suckers, Part The Millionth
Donald Trump’s latest constitutional rewriting puts the lie to venerable constitutional scholarship
Here’s a good legal Rule Of Thumb: whenever anyone makes a federalism argument concerning any dispute, do not take them seriously. It’s a mug’s game. The Venn Diagram of “people who argue for federalism” and “people who lack control over the federal government” is pretty much a perfect circle. And the positions will completely flip …
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CONTINUE READINGHow We Teach Environmental Law is Changing
UCLA Law faculty talk about how they are teaching environmental law differently in challenging times.
Environmental law is still relatively new and keeps changing all the time. After all, the field of environmental law didn’t really exist in the U.S. until pollution fears in the 1950s and ’60s spurred political activism. From 1970 to 1978, Congress passed more than a dozen of the most important environmental laws by overwhelming bipartisan majorities. …
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CONTINUE READINGWatch “Clearing the Air: The War on Smog”
LAPL
The American Experience’s “Clearing the Air: The War on Smog” tells an extraordinary story. It premieres on PBS this Tuesday.
A few years back, a colleague of mine, who I very much wanted to remain at UCLA, approached me because he was contemplating accepting an offer at a Washington, D.C. law school. He feared remaining in Los Angeles, even though he wanted to stay, because he didn’t want his young daughter exposed to the southland’s …
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CONTINUE READINGStates Should Not Wait to “Make Polluters Pay”
Guest contributors Laura Fox and Doug Kysar write that now is the right time for more states to adopt climate accountability laws, despite ongoing legal challenges.
As states weigh whether to adopt climate accountability legislation like Vermont’s Climate Superfund Act, some are hesitating out of concern that the Second Circuit’s decision in City of New York v. Chevron Corp., 993 F.3d 81 (2d Cir. 2021), dooms such efforts. That concern is misplaced. In fact, now is precisely the time for states …
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CONTINUE READINGWhat Do Bureaucrats Maximize?
New research demonstrates that governments can reduce intractable emissions problems — if they have the right incentives
It’s no secret that Delhi has perhaps the worst air quality in the world, and it’s also no secret that crop-burning in nearby agricultural areas is one of the principal causes (along with topography). But what can you do about it? It’s illegal already, but because crop-burning is a cheap and effective way to get rid …
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CONTINUE READINGHow Methane Satellites Work and Why it Matters
This new UCLA Law report aims to help policymakers understand the science and utility of methane satellites.
These days, I’ll take progress on climate change where I can get it. And one place to look right now is up — literally. New satellites are providing never-before-seen data about global methane sources, helping policymakers, industry, and others target that superpollutant in new ways. Today, some colleagues at UCLA Law and I are releasing …
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CONTINUE READINGDear 2025 1L:
Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.” The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!
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