Energy

Giving the Coal Industry the Byrd

Senator Byrd (D-W. Va.) has long by a mainstay of the coal industry.  Actually, you could add the phrase “has long been” to almost any sentence about Byrd — he’s been around for a heck of a long time.  After all, he’s served longer than any member of Congress in history.  You might expect him …

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U.S. Chamber of Commerce adopts “grassroots” organizing tactic, redoubles attacks on climate science and law

The Los Angeles Times reported last week that the U.S. Chamber of Commerce – a significant and strident voice in opposition to anything that our government might possibly do to reduce greenhouse gas emissions – is using its considerable financial resources to dramatically increase its constituent base through “grass-roots organizing,” and that its influence is …

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Pink Flamingo: Carpetbagger or March Madness?

While Holly Doremus considers the State of the Birds,  it might be fair to ask her why she spotted a Greater Flamingo, yesterday, in Northern California.  The six Berkeley Law students and this blogger, who accompanied her on a paddle at the Elkhorn Slough and came upon this scene, want to know.   Normally, the closest …

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New bill in Congress by Rockefeller (S. 3072) would delay regulation of GHGs under the Clean Air Act

As Cara and I have already discussed in detail, the Environmental Protection Agency has committed to delay the rollout of regulation of stationary sources of greenhouse gas emissions under the Clean Air Act, and to regulate only the very largest sources. This backtracking from EPA has been a response to efforts by Senator Lisa Murkowski …

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Property Rules, Liability Rules, Patents, and Climate Change

I suggested a few weeks ago that India and the United States might try foster climate cooperation by having India agree to use climate-friendly technology and the United States asgree not to pursue any legal actions under the Trade-Related Aspects of Intellectual Property treaty. But of course there is a catch: at some point inventors …

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(Vermont) Yankee Go Home!

You may recall the Supreme Court’s decision in the Vermont Yankee case.  It was a major administrartive law decision.  Prior to Vermont Yankee, the D.C. Circuit and some other courts had been experimenting with an approach to judicial review which focused on helping to improve agency procedures, rather than reviewing the substance of the agency’s …

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UCLA Clinic persuades federal Administrative Law Judge to vacate approval of new coal mining permit on Indian land in Arizona

I have some exciting news I can’t resist sharing: UCLA’s Frank G. Wells Environmental Law Clinic won a major administrative case last month, which is now final now that the time for appeal has run. All twelve of our clinic students spent a significant chunk of this fall working on it, along with me and …

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DOE Bets on Central Station Solar — Is It the Right Horse?

Congratulations to Oakland’s BrightSource Energy Inc. for winning the largest federal loan guarantee for a renewable energy project thus far — $1.37 billion for the Ivanpah Solar Electric Generating System, to be constructed in the Mojave Desert.  For an observer like me – one who is most definitely not a financial markets expert – the …

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White House Draft Guidance on Climate Change and Environmental Impact Statements

The Council on Environmental Quality has issued a draft guidance to agencies on treatment of greenhouse gases.  The key point is that emissions exceeding 25,000 tons per year of CO2 will be considered a “significant environmental impact” and require preparation of an environmental impact statement. Overall, of course, this is a huge step forward. One …

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Stormy Weather

Saying that climate change is a hoax because there’s a lot of snow in Washington is childish. Can’t we at least pretend to be grown-ups?

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