California
Towards an equitable microgrid policy
The California Public Utilities Commission’s recent decision is a first step to grid resiliency for communities of color and low-income communities
The 2020 fire season has already started, and we cannot repeat the mistakes of past fire seasons. PG&E recently pled guilty to 84 counts of manslaughter after 84 people were killed when a derelict PG&E transmission line sparked the 2018 Camp Fire. The 2019 fire seasons saw widespread public safety power shutoffs (PSPS events), most …
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CONTINUE READINGLessons from the DACA Ruling
The Court’s ruling could have important implications for environmental cases.
The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important implications for administrative law — and for environmental law cases in particular. Here are three main takeaways. Requiring Reasoned Explanation. Chief Justice John Roberts reinforced the principle that …
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CONTINUE READINGTapping the Earth’s Power
Geothermal power could play an important role in decarbonization.
There’s been a lot of recent interest in geothermal energy. It can complement other renewables as they become a bigger part of the power mix. A recent study by DOE suggests that geothermal capacity could reach 60 Gigawatts by 2050. The basic technology is pretty simple: drill down into a reservoir of super-hot water (up …
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CONTINUE READINGEnvironmentalists Can Help Address Racism Through Housing Policy
Restrictive local zoning affects both the environment and racial justice
As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues …
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CONTINUE READINGGreen in Black and White
It’s Time to Show Up
My favorite opening line from any Earth Day speech ever was this: “Today, black and white, yellow and brown, we are all green.” The speech was delivered three decades ago; the place was Times Square; and the speaker was David Dinkins, New York City’s first (and to date, only) African-American mayor. How I wish his …
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CONTINUE READINGSuing Big Oil
Which court has jurisdiction? State court or federal?
Yesterday, the Ninth Circuit ruled in favor of the plaintiffs in two climate change cases brought against the oil industry. The court ruled on a narrow but important procedural issue: whether the cases should be sent back to state court. Cities and counties should now be able to continue with the cases, in which they …
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CONTINUE READINGNinth Circuit Hands California Local Governments Big Climate Change Win
Local Governments’ Climate Change Lawsuits Against Big Energy Belong in State Courts, Court of Appeals Rules
Today the U.S. Court of Appeals for the Ninth Circuit handed numerous California local governments a major win over major oil, gas and coal companies in several of the nation’s most consequential set of climate change lawsuits. The Ninth Circuit did so in two separate opinions; County of San Mateo v. Chevron Corporation and City of …
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CONTINUE READINGGuest Contributors Helen Kang and Deborah Sivas: California Should Lead the Nation in Controlling Agricultural Pollution
Protection of Drinking Water and Environmental Quality Demands Strong Action
Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public …
CONTINUE READINGWhat Are The Benefits Of Phasing Out California’s Oil & Gas Production?
Emissions should decrease but multiple factors complicate any predictions
It might seem obvious that phasing out oil and gas production in California would benefit the climate. But the reality is much more complicated, in terms of emissions, economics and even geopolitics. CLEE just released the report Legal Grounds with policy options to reduce in-state production, but the question of how much a phase out …
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CONTINUE READINGDo Epidemic-Based Business Closures by Government Trigger an Unconstitutional “Taking”?
Longstanding U.S. Supreme Court Precedents Indicate the Answer is an Unequivocal “No”
Lately, an increasing number of public and private voices have been raised in opposition to business closures ordered by state and local governments in response to the COVID-19 epidemic. In many such cases, that opposition has taken the form of lawsuits filed by business owners, claiming a violation of their constitutional rights. Gun shops across …
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