Climate Change
Climate Standing with a Twist
Rather than prove they will be specifically harmed by increased carbon emissions, plaintiffs can use other kinds of harm as a basis for climate standing.
Plaintiffs got a Christmas present from the D.C. Circuit in the form of a pathway to prove standing in climate change cases. The Supreme Court has considered two cases dealing with standing to sue based on injuries caused by climate change. The Court found standing in one case 5-4 and split 4-4 in the second …
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CONTINUE READINGTen Energy Stories to Watch in 2014
What will shake the energy world this year?
In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …
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CONTINUE READINGThe Quiet Failure of Climate Denial in 2013
2013 Wasn’t A Good Year for the Opponents of Climate Science
The latest IPCC report proves that scientists are unwavering in their view that human carbon emissions are causing dangerous climate change. In the scientific world, climate denial has no traction. It isn’t gaining traction in the judicial or congressional worlds either. First, the judiciary. A three-judge panel of the D.C. Circuit, headed by a conservative …
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CONTINUE READINGCalifornia Headed for Record Drought: Will Critically-Needed Reforms Follow?
Confronting a Looming Environmental Disaster
The Sacramento Bee’s fine environmental reporter, Matt Weiser, yesterday reported on a looming, major drought facing California and its regional neighbors. The figures aren’t pretty. A persistent high-pressure front stretching over the Gulf of Alaska and most of the Northern Pacific has diverted the normal fall and winter storm track away from California and other …
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CONTINUE READINGCarbon Responsibility — Producers versus Consumers
Carbon emitters, not their customers, bear the primary responsibility for combatting climate change.
Has the U.S. “exported” its carbon emissions to China by relying on China to manufacture so many of our goods? There seems to be growing support for the idea that carbon emissions should be tied to consumption of goods rather than their manufacture, as the NY Times reported recently. There is a grain of truth …
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CONTINUE READINGNew on Ecology Law Currents
Ecology Law Currents, ELQ’s online companion, features lively short-form commentary. Check out the latest, an analysis of California’s cap-and-trade program. Author Penni Takade argues that the program has two key weaknesses: The first weakness is the process of allocation for GHG allowances to regulated firms. Under California’s allocation process, cap and trade will exacerbate economic …
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CONTINUE READINGGoing for Broke at the Climate Casino
The new Nordhaus book is good as far as it goes. But its analysis is muddled in crucial respects.
I finally had a chance to read Nordhaus’s new book, The Climate Casino, on a long flight. There are some goods lessons in the book. The book makes the case for serious mitigation, even rhough Nordhaus takes a fairly optimistic view about adaptation. Nordhaus also tells us that “it would be relatively inexpensive to slow …
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CONTINUE READINGWith Utility Power Purchases, Does the Environment Matter?
When does the approval of a contract trigger environmental review?
If an electric utility asks regulators to approve a contract to purchase power from someone else’s power plant, should the regulators consider the environmental implications before saying yes or no? Of course they should. But let me ask the question again, using a bit of California legalese: Does a decision by the California Public Utilities …
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CONTINUE READINGConspiracy!
Even as conspiracy theories go, the
Some members of Congress — not to mention any number of bloggers — think climate change is a hoax. Most famously, Senator Inhofe has said: With all of the hysteria, all of the fear, all of the phony science, could it be that manmade global warming is the greatest hoax ever perpetrated on the American …
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CONTINUE READINGIs Climate Change a Bulldozer or Bullet Train?
How fast will climate change happen? Maybe faster than we expect, according to the National Academy of Sciences.
We’re in the early stages of climate change — just how much depending in large part on whether we control our emissions. But how quickly will this happen? Is it a bulldozer we can dodge or a bullet train that’s too fast to avoid? That makes a lot of difference in terms of our ability …
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