Climate Change

International Liability for Harm: Epidemics and Pollution

What duties do countries have to avoid causing global harms?

There’s been talk lately of demanding compensation if a country’s negligence allowed a disease to spread globally. There is a long history of discussion regarding similar damage claims in international environmental law.  The same principles seem applicable to disease spread. In theory, damages should be available in both cases. The core principle of international liability …

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Guest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision

Juliana litigation youth plaintiffs

Juliana Litigation Provides Clues for Establishing Standing in Future Cases

For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock …

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Climate Action in the States

Climate progress continued despite Trump

Trump’s election in 2016 didn’t halt or even slow action in the states on renewable energy and climate change.  Things have hit “pause” during the pandemic, but that should be only temporary. All of this ferment at the state level should help lay the groundwork for future federal action.  Here’s what’s been happening in some …

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What Are The Benefits Of Phasing Out California’s Oil & Gas Production?

Emissions should decrease but multiple factors complicate any predictions

It might seem obvious that phasing out oil and gas production in California would benefit the climate. But the reality is much more complicated, in terms of emissions, economics and even geopolitics. CLEE just released the report Legal Grounds with policy options to reduce in-state production, but the question of how much a phase out …

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A Solar Geoengineering Milestone Goes Largely Unnoticed

Testing marine cloud brightening equipment. Credit: Brendan Kelaher/Southern Cross University

The first explicit, meaningful outdoor test garnered little attention in the news or from environmentalists

In response to insufficient cuts in greenhouse gas emission, some scientists and others are researching solar geoengineering. These techniques would reflect a small portion of incoming sunlight to cool the planet and counter climate change. A major step in solar geoengineering was recently taken, although you probably wouldn’t know it from reading the news or …

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Resuscitating Obama’s Environmental Legacy

Trump has had a single-minded focus on eliminating any traces of Obama’s presidency. But it’s not too late to turn the tide.

We’ve now had nearly four years of Trump’s all-out war on environmental protection. Trump has single-mindedly tried  to wipe out every trace of Obama’s legacy.  It’s time to see what’s left of Obama’s achievements. And what could a new President do to revive his legacy? In a Legal Planet post a week before the last …

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Negative Emissions: The Next Bright Shiny Object in Greenhouse-Gas Emissions Reductions

In ongoing debate over how to slow and stop climate change, the past year or so has seen a large shift of attention and interest toward technological options to remove CO2 from the atmosphere after it is emitted – options generally lumped under the headings “Carbon dioxide removal” (CDR) or “negative emissions technologies” (NETs). These …

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Roadmap For California To Phase Out Oil & Gas Production

New CLEE report released today with legal options for state policy makers & free May 12th webinar

California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly …

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Asserting “Climate Necessity” in Defense of Civil Disobedience

Giving climate change activists a fair hearing in court

The first Earth Day, fifty years ago, was a product and catalyst of political movements that established bedrock environmental laws in the United States. Without decades of political activism, there would be no Clean Air Act, Clean Water Act, or Endangered Species Act, nor would there be vigorous enforcement regimes to carry these laws out. …

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Grid Experts Weigh In on the Clean Power Plan Repeal and ACE Rule

UCLA Emmett faculty share expert voices in an amicus brief filed last week in the D.C. Circuit

Among the many Trump Administration rollbacks of climate regulation, a big one is its decision to repeal the Clean Power Plan and to replace it with a rule that does almost nothing to reduce carbon dioxide emissions from fossil-fuel-fired power plants. The electricity sector has made significant progress in reducing climate pollution recent years, but …

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