Disaster Law Archives - Legal Planet

Disaster Law

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

In a Legal Planet Post earlier this week, I recounted the saga of how federal prosecutors recently secured the criminal conviction of Dennis Falaschi, the former San Joaquin Valley water district general manager who oversaw the decades-long theft of millions of gallons of publicly-owned water from California’s Central Valley Project. That successful prosecution certainly qualifies …

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Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands? The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban …

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The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

“The Year of Climate in International Courts” by guest contributor Rebecca Hamilton was originally published on Just Security This year promises to be the ‘Year of Climate’ in international courts and tribunals with opinions slated to be coming down from the European Court of Human Rights, the Inter-American Court of Human Rights, the International Tribunal …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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Climate Rides the Omnibus

An image of the U.S. Capitol Building in the evening.

The year-end law gives a boost to climate-related spending

The omnibus spending bill is by no means a “climate law.” Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming …

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Wildfires and the Grid

Wildfires are huge problem in California. Maybe we can learn from those on the other end of the Pacific.

California and Australia are 8000 miles apart, but it turns out they have similar wildfire problems. And in both cases, the electric grid and climate change are part of the equation. The problems in California and the rest of the West are familiar to many readers. Though they don’t necessarily get much attention in the …

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Cost-Benefit Analysis and Deep Uncertainty

How should agencies take into account “the things we know we don’t know”?

Since 1981, cost-benefit analysis (CBA) has been at the core of the rule making process. OIRA, the so-called “regulatory czar” in the White House, must approve every significant regulation based on a review of its CBA. But CBA has had a major blind spot. It embodies techniques for analyzing possible harmful outcomes when the probability …

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Climate Adaptation Moves Toward Center Stage

There’s an increasing bipartisan move to fund climate resilience.

The big news today is the deal with Manchin to provide billions of dollars of funding for clean energy. Manchin’s vote will be needed because no Republican Senator will vote for the bill. In contrast, funding for climate resilience has drawing power even for Republicans. It seems to be true that, in Bob Dylan’s words …

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Risky Business

Climate Change and the Insurance Sector

Founded in 1871, the National Association of Insurance Commission represents insurance regulators in all fifty states. It’s not a particularly woke group – the current president is the Director of the Idaho Department of Insurance. However, the group has just issued a new “voluntary” survey for insurance companies about climate risks. “Voluntary” is in quotes …

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Wildfires, CEQA, Climate Change & the Courts

Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards

Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state’s most important environmental law, the California Environmental Quality Act (CEQA). However, the California judiciary has demonstrated little appetite for doing so. Until now. Recently, courts …

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Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Financing and Investment Strategies for an Equitable Clean Mobility Transition

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

Halftime Report: Environmental Bills Moving Forward

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

Disaster Law

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Current law penalizes adaptation measures because of the risk of takings liability.

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

If we had understood then what we know now. . . .

The year-end law gives a boost to climate-related spending

Wildfires are huge problem in California. Maybe we can learn from those on the other end of the Pacific.

How should agencies take into account “the things we know we don’t know”?

There’s an increasing bipartisan move to fund climate resilience.

Climate Change and the Insurance Sector

Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards

TRENDING

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.