Climate Change
Thoughts on the Accomplishments of the Paris COP
Climate Change is a Super-Wicked Problem that We’re Beginning to Solve
As the 21st Conference of the Parties comes to a close in Paris, much ink will be spilled analyzing the historic agreement that 195 countries have now reached. Some of that commentary will, undoubtedly, be cynical. The agreement is not in the form of a traditional treaty requiring country ratification. The country commitments to reduce …
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CONTINUE READINGCOP 21 Battle over 1.5 Degree Global Target
The Contradictory Impulses in the Global Climate Negotiations
The Paris Conference of the Parties (COP) 21 negotiations are, not surprisingly, coming down to the wire with a number of contentious issues still unresolved. One issue that has surprised, impressed and puzzled me is the debate about whether the agreement should incorporate a goal that the global community work to limit temperature increases to …
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CONTINUE READINGA Moveable Climate Feast?
Paris and the future politics of climate change
Back in 1920s Paris, an unknown writer named Ernest Hemingway hung out in the local cafes with other aspiring artists. It was an odd group, featuring communists like Pablo Picasso, fascists like Ezra Pound, and right-wingers like Gertrude Stein. But they helped each other, promoting their work and ultimately producing a generation of famous artists …
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CONTINUE READINGShould the Court Stay the Clean Power Plan?
Opponents need to prove four things to get a stay. They may be unable to prove any of those.
Opponents of EPA’s landmark climate rule, the Clean Power Plan (a/k/a 111(d) regulation), are seeking to stay the effectiveness of the rule. A stay is a variety of preliminary injunction, and the Supreme Court laid down four requirements for such orders in Winter v. NRDC: “A plaintiff seeking a preliminary injunction must establish [1] that he is …
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CONTINUE READINGWill the TPP Undermine Climate Policy?
The short answer: probably not much, maybe not at all
Representatives of U.S. environmental negotiations have shown up in Paris to campaign against the new TPP trade agreement. (here) They’ve also been actively engaged in discussions with Democratic law-makers, in an effort to block approval. A key objection is that the TPP will undermine climate policy. Jim Salzman had a great post last week on …
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CONTINUE READINGCalifornia-Led “Under 2 MOU” Agreement Gaining Steam In Paris
Subnationals commit to aggressive climate goals today at signing ceremony at U.S. Ambassador’s residence
What started as a series of informal conversations about a year ago among Governor Brown, his senior staff, and a few world leaders, has turned into a veritable global movement. The “Under 2 MOU,” which I blogged about on Thursday, just bumped its total from 57 signatories last week to 80 today, with each representing …
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CONTINUE READINGHow are negotiators building text at the climate talks?
Paris, the micro view
Ted has been posting on the proceedings at the Paris climate conference, explaining some of the central conflicts playing out here and the often-counterproductive processes being employed. He’s given the talks an appropriately large context, stretching all the way back to Charles Lindbergh’s landing at Le Bourget. I hope to complement his posts with a …
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CONTINUE READINGWe’ll Always Have Paris — Or Will We?
Some skepticism from an attendee about what can transpire there
Along with the UCLA Law crew of Ann, Ted, Cara, and Alex, plus six law students, I’ll be attending the UN climate change negotiations in Paris next week, primarily to highlight California’s effort to achieve a strong subnational agreement on greenhouse gas reductions. The “Under 2 MOU” is an impressive commitment by diverse subnational entities, …
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CONTINUE READINGWhy Alberta’s Carbon Tax Matters
Combating Climate Change Will Require Reversing Three-Decade Trend of Political Economy
While Americans were preparing for our Thanksgiving, in the Great White North, a major new development occurred: the NDP (i.e. Social Democratic) government in Alberta — Canada’s major energy-producing province — announced an economy-wide carbon tax starting in 2017 and a cap on emissions from oil sands. This would be an aggressive move anywhere in the …
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CONTINUE READINGThe Environmental Lessons of Teaching Torts
What we can learn from negligence law about responsibility for environmental harm.
I’m about to teach my last Torts class of the semester today, and I’ve been musing about how some fundamental torts ideas bear on environmental law. Let me begin with the idea of duty. There are special situations where courts say there’s no duty of reasonable care by one person toward another. But they’re exceptions. There are …
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