Climate Change
The Animal Agriculture Industry Undermines Climate Action
Photo by MRC Témiscamingue
Guest Contributor Alexander Wood, a UCLA Law student, writes that lessons learned from Big Oil can be applied to animal agriculture.
The case for decarbonization to address climate change is often, understandably, directed toward the fossil fuel industry. Public opinion toward the oil and gas industry has shifted in recent years, driven in part by public protests and litigation. Why hasn’t there been more movement against greenhouse gas emissions caused by animal agriculture? Emissions from Animal …
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CONTINUE READINGListing Trump’s Environment and Energy Executive Orders
I’m counting 35 so far. But I wouldn’t be shocked to learn that I’d missed something.
I’ve put together a list of all the Trump 2.0 executive orders that I could identify dealing with environment or energy. Just to keep you reading, I should tell you that the most important ones are near the end. Whatever you might say about Trump, no one can question his zeal for eliminating environmental protections.
CONTINUE READINGWhy Repeal the Endangerment Finding?
The aims may be overturning Mass v. EPA and avoiding new rulemakings.
Much will be said about the weakness of the various justifications EPA and the Department of Energy offered yesterday about why greenhouse gases do not endanger public health and welfare under the Clean Air Act. Those justifications are, indeed, remarkably weak. For example, DOE’s argument that economic damages appear to be lower than economists estimate …
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CONTINUE READINGWorld’s Biggest Court Opinion on Climate
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
For more than 24 hours last week, my social media feeds were a wall of jubilant reaction to the World Court’s big climate opinion. People who work on, and care about, the climate crisis needed some good news, clearly. That begs the question, is the advisory opinion really as big a deal as people wanted …
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CONTINUE READINGDoes Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The answer may depend on what being “in effect” means.
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? This matters because federal law preempts state fuel efficiency standards if, but only if, a federal standard is “in effect.” Congress just eliminated any penalty for violating the federqal standards. Which means at best they have only a kind of ghostly existence, but no substance to speak of.
CONTINUE READINGGlobal Energy Trends
Trump or no Trump, the global economy is shifting toward clean energy.
Globally, fossil fuels aren’t disappearing but they’re not gaining a lot of ground, while renewables have been booming. Trump can’t do much to change this: right now China is a big player than we are.
CONTINUE READINGWhy Did Congress Defund Public Media?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
We just witnessed the untimely death of a 57-year-old American institution that has made life better for just about everyone. President Lyndon Johnson announced the creation of the Corporation for Public Broadcasting in 1967 to “assist stations and producers who aim for the best in broadcasting good music, in broadcasting exciting plays, and in broadcasting …
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CONTINUE READINGWhat does ‘Drill, Baby, Drill’ Mean in California?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A court fight over oil drilling off the coast of Refugio State Beach near Santa Barbara. Proposals to drill around public schools in Ojai and Los Osos. The potential for oil operations directly adjacent to popular national monuments. New risks to our ecosystems that sustain imperiled species like the California condor. This is what “Drill, …
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CONTINUE READINGDoes the Law Require Cost-Benefit Analysis?
According to the D.C. Circuit, the answer is no.
Putting aside the particulars of the case, it seems wrong to apply the same standard (monetized cost-benefit analysis) to every provision in environmental law. These provisions have different language, reflecting differences in congressional priorities. Some provisions, for instance, may be designed push industry to find innovative solutions; others may reflect Congress’s value judgments or a desire to limit EPA’s discretion. We shouldn’t assume that the myriad differences in statutory language are irrelevant and that Congress wanted agencies to adopt the same method of making decisions in every case.
CONTINUE READINGA Very Bad House Vehicle Pollution Bill
The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining
It can be hard to keep track amid all the hair-raising developments in Congress and at the Supreme Court, but last week, a group of House Republicans led by Roger Williams of Texas introduced the Fuel Emissions Freedom Act, hot on the heels of the purported (illegal) termination of California’s vehicle emissions standard waiver. This freedom-to-pollute …
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