Environmental Justice
Will There Be a Global Environmental Constitution?
The potential of a proposed Global Pact for the Environment remains uncertain
The 1990s were the heyday of international environmental lawmaking. The 1992 United Nations “Rio Conference” on Environment and Development catalyzed the UN Framework Convention on Climate Change (UNFCCC), Convention on Biological Diversity, and the UN Convention to Combat Desertification. The decade also witnessed the launch of the Rotterdam Convention on Prior Informed Consent as well as protocols …
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CONTINUE READINGAssessing–and Celebrating–California Governor Jerry Brown’s Environmental Legacy
Governor Brown Easily Ranks as the Top Environmental Governor in State History
Don’t it always seem to go That you don’t know what you’ve got `Til it’s gone –Joni Mitchell (“Big Yellow Taxi”) On this, the last day of Jerry Brown‘s tenure as California’s governor, it’s appropriate to reflect on Governor Brown’s environmental legacy. And a most formidable legacy it’s been. Brown has, quite …
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CONTINUE READINGU.C. Davis Law’s Environmental Law Center Releases Proposition 3 White Paper
Report Analyzes California’s Newest, Multi-Billion Dollar Water Bond Initiative
The U.C. Davis School of Law’s California Environmental Law & Policy Center has published a detailed analysis of one of the most controversial initiative measures facing California voters on the November 6, 2018 general election ballot: Proposition 3. California’s Proposition 3: A Policy Analysis provides a detailed summary and analysis of the proposed “Water Supply …
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CONTINUE READINGTrump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California
Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …
CONTINUE READINGUCLA’s Environmental Law Clinic Files Brief on Behalf of Amici League of California Cities and California State Association of Counties
Brief defends local government authority to regulate oil drilling in face of industry challenge
[Update: The Second District Court of Appeal, Division 5 has rejected all the amicus curiae brief applications filed in this case, including this brief. We will leave this post, and the link to the brief, up on this blog so that anyone interested may see our arguments, but the brief will not be considered in …
CONTINUE READINGNew Policy Brief: How To Deploy Zero-Emission Freight Technologies At Southern California’s Ports
Brief captures key findings from UCLA / UC Berkeley Law conference in June
The environmental law centers at UCLA and UC Berkeley Schools of Law have released a new policy brief that describes the top challenges and solutions for deploying zero-emission freight technologies at Southern California’s ports. Policy Solutions to Boost Zero-Emission Freight at Southern California’s Ports summarizes the key findings from a conference on the topic at UCLA …
CONTINUE READINGThe Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)
Important pre-construction environmental review for power plant modifications at risk
Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy …
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CONTINUE READINGResponsibility for Historic Harm
Tort law embodies our society’s view of fairness. What does teach us about climate change?
Is it fair to hold companies responsible for past emissions, even if they didn’t know at the time the emissions were harmful? Shouldn’t it be a defense that they didn’t appreciate the risk at the time?Not if tort law is any guide. Tort law imposes liability for ongoing harm even though a company did not …
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CONTINUE READINGPreviewing California’s November 2018 Environmental Ballot Measures
Wide Array of Important Environmental Questions Confront California Voters
California’s Secretary of State has certified 12 ballot measures (“propositions,” in California election parlance) to appear on the state’s November 6, 2018 general election ballot. Many of those propositions–indeed, fully half of the dozen measures with which state voters will be confronted this fall–involve important environmental policy and legal questions. I’ll write in greater detail …
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CONTINUE READINGHouse Subcommittee Considering Clean Air Act Amendments to Weaken Bedrock of Stationary Source Permitting
Proposed changes to NSR could have significant impact on EJ communities
The House Energy and Commerce Subcommittee on Environment is currently considering amendments designed to weaken the New Source Review permitting program. The GOP proposal has been floating around since a discussion draft was released in May based on a bill introduced last year by Rep. Morgan Griffith (R-Va.), but seems to have flown under the radar until …
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