Climate Change
Climate Change in the General Election
How much talk about climate are we likely to hear?
Climate change has surfaced as an issue in the Democratic primaries much more than it has in past elections. What’s likely to happen in the general election? Start with Trump. Given his freeform speaking style, he’s likely to at least touch on climate change and fossil fuels from time to time. The question is how …
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CONTINUE READINGInternational 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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CONTINUE READINGGuest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision
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 …
CONTINUE READINGClimate 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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CONTINUE READINGWhat 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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CONTINUE READINGA Solar Geoengineering Milestone Goes Largely Unnoticed
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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CONTINUE READINGResuscitating 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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CONTINUE READINGNegative 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 …
CONTINUE READINGRoadmap 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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CONTINUE READINGAsserting “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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