Climate Change

Valentine’s Day and Climate Change

Global warming will change much of our everyday lives. Even Feb. 14.

How is climate change connected with Valentine’s Day?  In many ways, as it turns out. That’s an indication of the myriad ways in which climate is entangled with our lives.  Whether it’s roses and chocolate, or courtship, nothing will remain quite the same as global temperatures go up and up. What about climate change and …

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Tracing Trump’s Trillion Trees

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The president’s embrace of massive tree planting has a remarkable — and questionable — backstory

During last week’s State of the Union address, US President Donald Trump said: To protect the environment, days ago I announced that the United States will join the One Trillion Trees Initiative, an ambitious effort to bring together government and private sector to plant new trees in America and all around the world. Astute regular …

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Bold But Realistic Climate Actions

Here’s what a new President could actually do.

What options are available to a new President taking office in 2021?  Let’s assume a favorable scenario for climate action in which Dems take unified control of the government (White House, Senate, House) in 2021.  What then? The first theme to keep in mind is that the Democrats will still be subject to some significant …

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From the Grand Canyon to Contaminated Cantaloupes – and More

Five books with fresh perspectives on environmental issues.

Law reviews make little effort to track new books, unlike other journals in other disciplines . So it’s pretty much hit-or-miss whether you learn about relevant new books.  I wanted to share some interesting finds that have crossed my desk, joined a growing pile of unread books, and then slowly left the pile. The subjects …

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New Roadmaps for Negative Emissions

Two reports try to figure out how to scale carbon removal

Last week saw two exciting reports released which examine how to remove carbon at scale. Getting to Neutral: Options for Negative Carbon Emissions in California was led by a team from Lawrence Livermore National Labs (LNLL), and assesses pathways for California to remove 125 million tons of CO2 /year from the air by 2045, in …

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Substantive Due Process, Climate Change, and Flint, Michigan

Toward substantive constitutional protections for the environment

The past few weeks have been eventful for environmental issues and constitutional law. On January 17th, a panel for the Ninth Circuit Court of Appeals threw out Juliana v. United States climate litigation for lack of standing. A few days later, the U.S. Supreme Court denied certiorari on a ruling from the Sixth Circuit, Guertin …

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BREAKING: SB 50 Voted Down By State Senators Representing Affluent Suburbs

Final vote today kills major climate-land use legislation to legalize apartments near transit

The California State Senate this morning (after an initial vote last night) narrowly and finally voted to kill SB 50, a major climate-land use bill that would have allowed apartment buildings near major transit stops and job centers, as well as fourplex conversions statewide. Despite high-profile opposition from some low-income tenants groups, the senators voting …

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Can the Center Hold?

The Challenge to Mainstream Environmentalism

Is environmentalism facing a paradigm shift? Since the 1970s, mainstream environmentalists, lawyers, and scholars have sought incremental progress based on established law and political realities. But frustration with that approach is palpable. The face of climate advocacy is now seventeen-year-old activist Greta Thunberg rather than Establishment politician Al Gore. And there is growing frustration with …

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Deciding a Climate Case in the Shadow of the Supreme Court

Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision

The irony of the Ninth Circuit decision dismissing the Juliana v. United States  case this week is plain to see. Two branches of government — the legislative and executive –  have failed to act to address an environmental problem that may cause the destruction of the federal government itself.  The third branch, the judiciary, recognizes the …

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Pricing Carbon: What Does It Actually Accomplish?

Pricing carbon may not work the way economists thought.

In theory, pricing carbon should incentivize emissions reductions.  In reality, it is unclear to what extent that takes place unless the carbon price is very high.  This is not to say that pricing carbon is useless, but the main benefits may take different forms. Basically, there are two ways of putting a price on carbon.  …

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