Climate Adaptation
Unprecedented Legal Questions
The climate crisis is unprecedented. So is its legal fallout.
In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing …
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CONTINUE READING2150 and Beyond
Climate change’s long term effects on the planet will be profound.
Most climate change projections end at the end of this century. When the IPCC issued its first report, however, 2100 was 110 years in the future. Looking that far ahead right now would bring us closer to 2150 than to 2100. We’re only beginning to get a sense of the impacts of climate change that …
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CONTINUE READINGThe IPCC Should Just Say 1.5 C is Dead
The big takeaway from the IPCC’s latest report is that we’re still falling behind and must do hard things to catch up. It’s time to communicate that differently.
“There is a rapidly closing window of opportunity to secure a livable and sustainable future for all,” according to the IPCC’s AR6 Synthesis Report. That phrase spoke to the parent in me, though maybe not for the sentimental reason you might think. Most mornings I find myself repeating some version of “there is a rapidly …
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CONTINUE READINGTwo Cheers For CEQA
A recent case shows why the law is so important – and how it can be abused
Even the best and conscientious developers gnash their teeth at CEQA, California’s environmental review law, and one can see why: it can allow NIMBYs to block useful housing and supercharge exclusion. But there’s a reason why the law was passed and why it has persisted, and we saw it three days ago: Trees of Los …
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CONTINUE READING…In Which I Attempt To Read My Water Bill
Failure To Install Smart Water Meters Is Wasting Billions of Gallons Each Year
I felt at least decently about myself when I paid my water bill recently, because I was told that my usage was somewhat better than other people in my neighborhood (which is a low bar, but you take what you can get). But when I tried to figure out why it was better, I got …
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CONTINUE READINGIs Bipartisanship Possible?
It’s not easy in today’s polarized politics. But maybe it’s not completely off the table.
We are now, as so often, in a time of divided government. That makes bipartisan cooperation necessary. We are also in a time of hyper-partisanship. The problem may be compounded by the concessions made by McCarthy to the far Right in order to become Speaker. Nevertheless, there may be some opportunities for cooperation across party …
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CONTINUE READINGClimate Rides the Omnibus
The year-end law gives a boost to climate-related spending
The omnibus spending bill is by no means a “climate law.” Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming …
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CONTINUE READINGLoss and Damage
A deeper dive into the top issue at COP27
As I noted in my last post, this year’s conference of the parties to the climate treaties (COP27) became pretty much a single-issue conference, focused on adaptation and the associated needs for finance – in particular on the urgent need for financial assistance to support adaptation in the Global South, and the lamentable record of …
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CONTINUE READINGConcealing 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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CONTINUE READINGThe 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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