Climate Adaptation

Concealing Plutocracy

California’s battles over rooftop solar obscure the real culprits: Gavin Newsom and Silicon Valley billionaires

The LA Times’ inestimable Sammy Roth reports on the attempt of California’s investor-owned utilities to end “net metering,” whereby utilities must pay customers with rooftop solar for their excess electricity. Roth has been highly skeptical of the utilities’ drive: it’s an age of climate crisis, and the state’s Public Utilities Commission is going to reduce …

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The Sleepwalking COP

Thoughts on COP27, this year’s climate conference

It’s two weeks since the end of this year’s annual Conference of the Parties to the international climate treaties, COP27, held in Sharm el-Sheikh, Egypt. You might have noticed an odd vagueness in accounts of this year’s COP.  These annual meetings are huge media events — understandably, since they are the highest-level international event on …

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DeSantis and the Environment      

A Little Bit of Nepotism and a Lot of Everglades Protection.

Compared to Donald Trump, Ron DeSantis is practically a Greta Thunberg on environmental issues.  Of course, by the same token, I’m practically a Steph Curry on the court compared to Danny DeVito. Sarcasm aside, DeSantis is pretty good on environmental issues for a Republican. But he rarely mentions climate change, and his record on renewable …

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Wildfires and the Grid

Wildfires are huge problem in California. Maybe we can learn from those on the other end of the Pacific.

California and Australia are 8000 miles apart, but it turns out they have similar wildfire problems.  And in both cases, the electric grid and climate change are part of the equation.  The problems in California and the rest of the West are familiar to many readers. Though they don’t necessarily get much attention in the …

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A Stealth Climate Bill

There’s more money for climate action tucked away in a must-pass bill.

Surprise! The lame-duck Congress is about to consider another bill with billions of dollars of spending for climate adaptation and emission reductions. Another surprise: the bill is named for Senator James Inhofe. In case you’ve forgotten, he’s the climate change denier who once took a snowball to the Senate floor to disprove climate change. You …

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Scenarios and Uncertainty

Imagining different futures can be the best way to think through options when we don’t know the odds.

In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior.  Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand.  It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …

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Dear 1L . . .

You couldn’t have picked a more critical time to come to law school, for the country, the planet, and our future.

Dear 1L: You’ve gotten to law school at a crucial time for the future of the planet. The good news is that you’re arriving at a pivotal point when your work as a lawyer can make a big difference. The bad news is that we have a dwindling amount of time to get the situation …

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The Major Money Doctrine 

Senate passes biggest climate legislation ever.

In June, the Supreme Court trimmed EPA’s power to regulate greenhouse gases. The Court used the “Major Question Doctrine,” which says that issues of “vast political and economic significance” must be decided by Congress.  Senate Democrats gave their response on Sunday: the Major Money Doctrine. They passed the Inflation Reduction Act (IRA), which provides over …

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Climate Adaptation Moves Toward Center Stage

There’s an increasing bipartisan move to fund climate resilience.

The big news today is the deal with Manchin to  provide billions of dollars of funding for clean energy. Manchin’s vote will be needed because no Republican Senator will vote for the bill.  In contrast, funding for climate resilience has drawing power even for Republicans. It seems to be true that, in Bob Dylan’s words …

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Will Russia “Win” the Climate Crisis?

It’s complicated. But probably not.

The conventional view is that climate change is going to be a great thing for Russia.  The reason is pretty obvious: a lot of Russia is cold and icy right now; warming will be an improvement. That’s likely to be true in some ways, but warming may be a mixed blessing. Whether what is good …

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