Climate Change

California Appellate Court Hears Arguments in Cap-and-Trade Program Challenge

Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System

On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …

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Earth Day, 2017 Should Be The Next Massive Rally

The 47th Earth Day falls this year on April 22, a Saturday.  The fortuity of a weekend date makes Earth Day the perfect opportunity to marshall the energy of the wildly successful Women’s marches around the world to demand that Congress and the Trump Administration protect our planet (hat tip to Emmett Fellow Julia Forgie …

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Scott Pruitt, Senator Harris and the California Question

California leadership in peril?

Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases).  But his response to …

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New Study: California Climate Policies Bringing Over $13 Billion To San Joaquin Valley

Report commissioned by Next 10 and written by Berkeley Law’s CLEE and UC Berkeley’s labor center

Climate policies are under political attack, both in California and nationally. The common argument is that these policies hurt the economy and destroy jobs, particularly in disadvantaged communities. To assess those claims, the Center for Law, Energy and the Environment (CLEE) at UC Berkeley Law and UC Berkeley’s Donald Vial Center on Employment in the …

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Betting on Batteries

Was the Aliso Canyon leak a blessing in disguise?

As reported on the front page of today’s New York Times, 2016 was the third straight year to set a record for highest temperature, the first time the Earth has seen three record-setting years in a row since WWII (1939, 1940, and 1941 each set records, but now 1941 only ranks as the 37th hottest year). …

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Rex Tillerson Disappoints

The nominee gave vague, canned answers on climate change

Today’s confirmation hearing of Rex Tillerson, Trump’s nominee for Secretary of State, has concluded. During the day, there were two impassioned exchanges about climate change, during which Tillerson revealed how naive environmentalists were that he might be able to sway Trump on the issue. First, Senator Tim Kaine (our almost-VP) excoriated Tillerson on ExxonMobil’s record …

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Obama’s Final Words on Climate Change

Final words as President, that is.

In his Farewell Address, President Obama had this to say about climate change: “Take the challenge of climate change.  In just eight years, we’ve halved our dependence on foreign oil, doubled our renewable energy, and led the world to an agreement that has the promise to save this planet.  But without bolder action, our children …

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Guest Blogger David Spence: Another Take on the Tillerson Nomination

Hearings on the nomination of ExxonMobil CEO Rex Tillerson to be President-elect Donald Trump’s Secretary of State are scheduled to begin on January 11th.  The nomination puts Tillerson and his company at the vortex of a whirlwind of public grievances about ExxonMobil’s positions on climate science and Russian influence over American politics and policy.  While …

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Explaining Oil’s Political Clout

There’s an obvious explanation. But it’s false.

Let me start with two obvious points – only one of which is true. The first is that the oil industry has huge political influence. The second is that its clout reflects the industry’s economic heft. The first point is definitely true. As Political Wire recently observed: “Nearly every to top level appointment in Trump’s cabinet …

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The Ninth Circuit’s Top Environmental Law Decisions of 2016

Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket

In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law.  That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …

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