Climate Change

Sessions Out, Whitaker In: What Might the DOJ Shakeup Mean for Environmental Enforcement?

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News broke this afternoon that Trump has forced Attorney General Jefferson Beauregard Sessions III to resign — naming Sessions’ chief of staff, the Marbury v. Madison critic and sports take tweeter Matthew Whitaker acting AG. This move obviously has some pretty horrifying implications for the country at large, but it’s worth thinking about how the …

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What The 2018 Election Results Mean For California Climate Policy

Big wins for state initiatives and pro-climate candidates, plus opportunities for high speed rail and cap and trade

Some big wins for California (and therefore national) climate policy last night: Lt. Governor Gavin Newsom is elected governor, which means the state will continue its climate leadership on various policy fronts Prop. 6 loses, which would have repealed the gas tax increase and meant less funding for transit going forward Prop. 1 wins, which …

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Solar Geoengineering and International Law

Climate Engineering and the Law

May states intentionally alter the entire planet’s climate?

A couple weeks ago, I introduced solar geoengineering (see also 1, 2, 4 in the series). This is a set of proposed technologies that would reduce climate change by blocking or reflecting a small portion of incoming sunlight. It appears that it would be effective in reducing climate change, inexpensive, rapid, and technically feasible. It would …

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Major Policy Attacks on California’s Low Carbon Fuel Standard and Why They’re Off-Target

Second in a Series About California’s Low Carbon Fuel Standard Program

[Post co-authored by Ted Parson and Sean Hecht] In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. Because it’s a prominent and ambitious policy that will reduce California’s reliance on petroleum-based transport fuels, it is unsurprising the Low-Carbon Fuel Standard has …

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What’s New Under the Sun?

New Book Demonstrates the Hidden History of Climate Science

It’s a great regret of mine that I did not study the history of science either as an undergraduate or in graduate school. Then, it seemed to me like an arcane, recondite field — almost bizarre. Boy, was I wrong. Now in my rapidly advancing dotage, I recognize how it touches on so many of …

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Negative Greenhouse Gas Emissions, the National Academies, and the Law

Negative Emissions Technologies and Reliable Sequestration: A Research Agenda

What does the scaling-up of negative emissions technologies for environmental law?

In my previous posts , I described how most emissions scenarios that are expected to keep warming within 2 or 1.5°C rely on negative emissions technologies (NETs) at large scales and how the new report from the Intergovernmental Panel on Climate Change addresses NETs (as well as how solar geoengineering could offer an additional means to …

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Você Fala Português?

Brazil’s New Environmental Crisis Raises Crucial Constitutional and Advocacy Issues

  As Dan noted last week, and as E & E News reports today, Brazil’s President-Elect, Jair Bolsonaro, is not only an authoritarian quasi-fascist (no exaggeration in those terms), but is also horrific for the environment. And that, in turn, is not simply bad for Brazil and South America, but for everyone on the planet. In …

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A Global Standard for a Global Problem

Emmett Institute Submits Comment in Support of CARB’s Proposed Tropical Forest Standard

The Emmett Institute submitted a comment to the California Air Resources Board (CARB) yesterday in support of its proposed Tropical Forest Standard (“Standard”).  If approved, this Standard would provide CARB a set of criteria to follow when determining whether to trade tropical forest offsets between California’s Cap and Trade Program and a foreign emissions trading …

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Politics, the Environment, and the Rural/Urban Divide

Rural areas have been home to regulatory skeptics. But there may be ways of changing that.

Is there an urban/rural split in America? Definitely so, in politics, demography, and economics — and on the environment. Consider this, from Dan Balz at the Washington Post: “in the 2,332 counties that make up small-town and rural America, [Trump] swamped his Democratic rival, winning 60 percent of the vote to Clinton’s 34 percent.” But Balz reports …

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VMT Mitigation Webinar – Tuesday October 30, 10-11am

Berkeley Law’s free event will feature the Governor’s Office of Planning and Research

Under Senate Bill 743 (Steinberg, 2013), California law now requires developers of new projects, like apartment buildings, offices, and roads, to analyze and mitigate the amount of additional driving miles the projects generate. To facilitate compliance with SB 743, some local and regional leaders are considering creating “banks” or “exchanges” to allow developers to fund …

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