Climate Adaptation
More on How the Vaccine Mandate Cases May Impact Climate Policy
How much is the Court likely to prune back EPA’s powers?
In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions. I think it’s worth unpacking both the Court’s opinions a little more and the issues at stake in a pending climate change case, West Virginia v. EPA. The Court ruled in …
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CONTINUE READINGWildfires, CEQA, Climate Change & the Courts
Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards
Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state’s most important environmental law, the California Environmental Quality Act (CEQA). However, the California judiciary has demonstrated little appetite for doing so. Until now. Recently, courts …
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CONTINUE READINGRescuing FEMA (and ourselves)
FEMA needs to grow in order to handle its work. The need for growth will only get greater as time goes on.
2021 was a year of disasters, with extraordinary heat waves, fires, a string of hurricanes, a cold snap that left Texas in the dark, winter tornados, and torrential rains. FEMA has been left badly overstretched. That’s an urgent problem, and it’s likely a foretaste of the future. This is not just a problem for the …
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CONTINUE READINGArguments over Solar Geoengineering Research
Science Magazine weighs in
Doing research on environmental issues or responses is usually an easy call for policy-makers and gets wide political support, even if there’s disagreement what to do about the issue. But there is now one big exception: research on solar geoengineering (SG). SG would cool the Earth, temporarily and imperfectly offsetting some of the climate effects …
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CONTINUE READINGAfrica in 2050
The continent will face vast challenges. Dealing with them is a global priority.
Take explosive population growth, acute vulnerability to future climate change, and social vulnerability. Stir well and bake. That’s a recipe for trouble. It’s also Africa in 2050. Overcoming the resulting problems is among humanity’s greatest challenges. Currently, 490 million Africans live below the extreme poverty level ($2/day per person). The number is rising but the …
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CONTINUE READINGDear 1L . . . .
Welcome to law school. You’re just in time to help save the world.
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 limited amount of time to get the situation …
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CONTINUE READINGWhat if someone just does it?
A scenario exercise on unauthorized use of solar geoengineering
Note: This post is co-authored with Jesse L. Reynolds, who recently completed an Emmett Institute Geoengineering Governance Fellowship As the climate crisis grows more urgent, unconventional technological responses are getting increased attention and controversy. We’ve written previously on Legal Planet about these technologies and their promise and risks. The most high-stakes and controversial of these …
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CONTINUE READINGWhat If We Succeed?
If we “beat” climate change, what will we have to show for it?
Suppose we bring climate change under control and deal with its fallout. What will have we achieved? We will have prevented great harm. That, of course, is the main goal. Untamed climate change means an dangerous, ugly future for all of us on “Spaceship Earth.” Preventing that future is surely enough of a reason to …
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CONTINUE READINGClimate News from Capitol Hill
There are small but hopeful signs of progress in overcoming legislative gridlock.
Over a decade ago, the Waxman-Markey carbon trading bill died in the Senate. President Obama then had to rely entirely on administrative actions to address climate change. Republicans united in a solid wall of violent opposition to climate action. There are some hopeful signs that things may not be quite so tough for President Biden. …
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CONTINUE READINGFacing Up to Reality
More frequent heat waves. Droughts. Wildfires. The West is getting a glimpse of its future climate.
The western U.S. is staring climate change in the face. Most of the West is experiencing “severe” or “exceptional” drought. We could be heading into the worst drought period in centuries. Major dam reservoirs are down to record low levels. The region is also in the grips of a record-breaking heatwave. We can expect another …
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