Environmental Justice

California releases proposed rule to implement streamlining of environmental review for new California infill developments

As part of an effort to create more walkable, livable communities that reduce vehicle miles traveled and the greenhouse gas emissions that those vehicles generate, California is removing barriers to infill development.  Our governor and legislature are trying to create communities of homes and retail businesses that are closer together and closer to public transit. …

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Standing and the EPA Greenhouse Gas Emissions Decision

As I described in my earlier post of today about the Coalition for Responsible Regulation v. EPA decision upholding the Environmental Protection Agency’s greenhouse gas emissions rules, the D.C. Circuit Court of Appeals found that the plaintiffs — groups representing large industrial and manufacturing facilities and states that oppose any greenhouse gas regulations under the Clean …

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California Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction

Today, the California Court of Appeal  rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan.  EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32.  Their primary …

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EJ Advocates Renew Efforts to Block Cap and Trade

There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.

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Rent-seeking and property rights in environmental law

Jonathan Adler is guest-posting over at the Atlantic on conservative approaches to environmental law.  In general, I can only support someone who is valiantly trying to make arguments about why conservatives should support efforts to address climate change, and developing climate change policies that are consistent with conservative and libertarian principles.  But I want to …

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What Bonneville Salt Flats can teach us about CEQA exemptions

The Bonneville Salt Flats need to be saved.  The location where many of the world-records for land speed have been set is in danger.  A combination of years of racing, plus the construction of Interstate 80 and alterations in salt mining techniques has meant that the hard salt surface of the flats (similar in hardness …

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Comparing Canadian and US Environmental Law: Judicial Review

In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements.  I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries.  But …

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Environmental Law in Canada

Americans (especially liberals) often have a warm and fuzzy vision of our neighbors to the north as a kinder, gentler version of the United States.  (Remember this map after the 2004 election?)  But when it comes to environmental issues, that really isn’t the case. The conservative Canadian government led by Prime Minister Harper has recently introduced its …

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Tunnel vision in environmental law and policy

One of the reasons that environmental law and policy is so interesting, and so challenging, is that it is very, very difficult to reduce what we mean by “environmental quality” to one single metric.  A couple of recent posts by a leading progressive policy blogger (Matt Yglesias) make this point very well.

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Tea Party activist wants to repeal all California environmental laws

A number of other posts on Legal Planet have noted various efforts by Republicans in Congress to stop or repeal EPA regulations.  Those efforts are part of a broader movement by Tea Party organizations (organizations that are overwhelmingly Republican) to effectively eliminate environmental regulations in the United States.  If there was any doubt about that …

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