Climate Change
Lessons from the DACA Ruling
The Court’s ruling could have important implications for environmental cases.
The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important implications for administrative law — and for environmental law cases in particular. Here are three main takeaways. Requiring Reasoned Explanation. Chief Justice John Roberts reinforced the principle that …
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CONTINUE READINGA New Report on Governing Climate Geoengineering
I suggest steps toward global governance of carbon dioxide removal and solar geoengineering
A new report on the governance of climate geoengineering — that is, carbon dioxide removal (CDR) and solar geoengineering (or solar radiation modification, SRM) — has been released. International Governance Issues on Climate Engineering: Information for Policymakers was coordinated and issued by the International Risk Governance Center, edited by IRGC’s Marie-Valentine Florin, and commissioned by the …
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CONTINUE READINGWhat Does Today’s Decision Holding that Employers Can’t Discriminate Against LGBTQ Employees Have to Do with Climate Change?
The case provides potent ammunition for using the Clean Air Act to regulate carbon pollution
Today’s blockbuster opinion in Bostock v. Clayton County, Georgia, holding that employers can’t fire LGBTQ workers under Title VII of the Civil Rights Act, may seem far afield from the regulation of greenhouse gases under the Clean Air Act. But its reasoning could have huge implications for climate change action. In saying that discrimination …
CONTINUE READINGDeja Vu All Over Again
There’s a new GOP Platform, same as the old one.
It appears that the GOP won’t have a new platform this year. Instead, they’re going to stick with their 2016 platform. You could see that as steadfastness or a lack of new ideas. In the environmental arena, 2016 is still where the GOP is stuck today, celebrating fossil fuels and rejecting climate action. Here are …
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CONTINUE READINGGuest Contributors Matt Lifson, Camila Bustos, and Natasha Brunstein: Redressability of Climate Change Injuries after Juliana
Juliana Litigation’s Disappointing Result Leaves Room for Future Climate Plaintiffs to Allege Redressable Injuries
In the landmark Juliana litigation, the youth plaintiffs sought a judicial decree telling the federal government to develop and implement a plan to do its part to reduce atmospheric CO2 concentrations to 350 ppm. The Ninth Circuit dismissed Juliana, holding that the youth plaintiffs’ constitutional and public trust claims were not redressable by an Article …
CONTINUE READINGTrump EPA Takes Aim at Cost Benefit Analysis; Misses
The proposed new EPA regulation on cost-benefit analysis seems to be a dud.
An EPA rule-making on cost-benefit analysis was supposed to be a big win for conservatives and industry. They want to rig cost-benefit analysis by counting all of a regulation’s costs but only some of the benefits. But the EPA proposal issued last week appears to give them only a token victory. The issue involves what are …
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CONTINUE READINGEnvironmentalists Can Help Address Racism Through Housing Policy
Restrictive local zoning affects both the environment and racial justice
As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues …
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CONTINUE READING(Still More) Bad News on the Doorstep
New Reports Document Accelerating Wildlife Extinctions, Global Deforestation Trends
While public attention in recent weeks and months has understandably focused on the COVID-19 pandemic and the racial justice shockwaves triggered by George Floyd’s tragic death, another disaster continues apace. This week the New York Times published two alarming stories documenting the accelerating decline of our global environment. The first, entitled “Extinctions Are Accelerating, Threatening …
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CONTINUE READINGWe All Have a Role in This Fight
Those who fight for the environment must fight for racial justice, as well.
All people have a moral obligation to express outrage about the disgraceful violence against African Americans and about the systemic racism that feeds it. Even more so if one considers oneself to be an environmentalist. A key component of an ecological perspective is an understanding of the interconnection of all living things. Violence against some …
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CONTINUE READINGGreen in Black and White
It’s Time to Show Up
My favorite opening line from any Earth Day speech ever was this: “Today, black and white, yellow and brown, we are all green.” The speech was delivered three decades ago; the place was Times Square; and the speaker was David Dinkins, New York City’s first (and to date, only) African-American mayor. How I wish his …
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