Disaster Law
Saving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGA To-Do List For Biden
The clock is ticking, but there’s still time for a few important last things.
Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration. Here are a few of the most important efforts.
CONTINUE READINGStill Crazy After All These Years
There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.
Were the Democrats or lithium mining companies or international bankers behind Hurricane Helene? Is geoengineering a conspiracy to take over the planet? These conspiracy theories abound — not just in the corners of the Internet but in political figures like RFK Jr. and Marjorie Taylor Greene. And they’re beginning to influence state legislatures, including one that just banned geoengineering.
CONTINUE READINGReforming 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 …
CONTINUE READINGTemporary 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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CONTINUE READINGThe ‘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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CONTINUE READINGRecentering 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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CONTINUE READINGClimate Rides the Omnibus
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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CONTINUE READINGWildfires 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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CONTINUE READINGCost-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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