Climate Change
San Diego Loses Appeal On Its Weak Transportation Plan
Today ‘s ruling confirms that the plan failed under CEQA to consider greenhouse gas emissions to 2050
Back in 2011, the San Diego Association of Governments issued a really bad regional transportation plan. These plans must prioritize transportation investments across the metropolitan region for the coming decades and are the basis for receiving state and federal infrastructure dollars. And while most regional transportation plans are usually pretty bad (i.e. favoring highway expansion …
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CONTINUE READINGU.S.-China Climate Pact and Domestic Politics
Alex Wang and I Consider the Domestic Ramifications in Both the U.S. and China
The news from Beijing this week that the U.S. and China are committing to ambitious goals on climate change is, we think, monumental. No two countries are more important to tackling the problem than the largest carbon emitter over the past two centuries, the U.S., and the largest current emitter, China. While many observers are …
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CONTINUE READINGSome Unsolicited Advice for Tom Steyer
There were a number of efforts by wealthy individuals and/or Super PACs to affect the midterm election results. Most relevant to this blog, Tom Steyer used tens of millions of his own funds to support candidates that he felt would be more supportive of efforts to address climate change. After the election, the media portrayed …
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CONTINUE READINGA Ray of Hope [Breaking News]
President Obama and Chinese President Xi Jinping announced a major deal on climate change this morning. As summarized by the Washington Post, China, the world’s biggest emitter of greenhouse gases, pledged in the far-reaching agreement to cap its rapidly growing carbon emissions by 2030, or earlier if possible. It also set a daunting goal of …
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CONTINUE READINGUsing Textualism Against Itself
Industry has come up with a Scalia-like argument to fight the proposed climate regulations for existing power plants. The problem arises because Congress passed two different versions of section 111(d) without realizing it. The Senate version clearly gives EPA the authority to regulate CO2 under this provision. But opponents of regulation argue that the House version …
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CONTINUE READINGThe Future of Conservation
Earlier this year I wrote critically about a New York Times op-ed that proposed making the restrictions on development in wilderness areas more flexible in order to allow for adaptation to climate change. This week the Times published what I think is a much more helpful op-ed on the topic of how we should address …
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CONTINUE READINGMono Lake at 20: Past, Present and Future
Symposium in Sacramento, November 17
Please join us as the UC Berkeley School of Law, with stakeholders in the Mono Lake Cases, convenes a symposium in Sacramento on November 17, 2014, to mark the 20th anniversary of the State Water Resources Control Board’s Decision 1631. Panel presentations feature an cast of thought leaders, including: Marty Adams (Los Angeles Department of Water …
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CONTINUE READINGAfter November, the Deluge?
What will the Republicans do if they take control of the Senate? Will this be Armageddon for Obama’s environmental policies, as both Democrats and Republicans insist? The truth is likely to be less dramatic, though still bad from an environmental perspective. Greenwire had a very interesting piece about that on Friday. Both Republican and Democratic …
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CONTINUE READINGPolitical systems and environmental law
The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …
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CONTINUE READINGAustralia’s repeal of its carbon tax
A lot of (bad) environmental law news has been coming out of Australia recently. The new Liberal government has attempted to dump dredging spoils on the Great Barrier Reef and open up protected Tasmanian forests to logging. But most importantly, the government has repealed the carbon tax enacted by the prior Labor government. The Australian …
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