Environmental Justice
Governor Newsom’s CEQA Bills Could Be a Modest Step in the Wrong Direction
Governor Newsom’s CEQA trailer bills probably won’t do much. But his heavy-handed rhetoric foreshadows a larger anti-CEQA push that should worry communities that rely on California’s premier public participation statute.
Speaking to Ezra Klein in late June, Governor Gavin Newsom hearkened back to the California of the 1950s and 1960s: “People are losing trust and confidence in our ability to build big things. People look at me all the time and ask, ‘What the hell happened to the California of the ‘50s and ‘60s?’” Governor …
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CONTINUE READINGNot Just About the Climate
The benefits of the energy transition transcend climate.
The main reason to control carbon is to protect the climate. But cleaning up the energy system has plenty of other benefits. Those benefits will flow to people in rural areas as well as urban ones, to national security and international development, and to nature itself. To begin with, there are the health benefits of …
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CONTINUE READINGWhat Happened During the Montana Youth Climate Trial
The state argued that Held v. Montana is a boring case about procedure. The kids made a compelling case that climate action is part of Montana’s constitutional obligation to maintain a healthy environment.
The very first American trial of a youth climate lawsuit was hardly blockbuster Court TV, but we learned a lot from the proceedings. The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the …
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CONTINUE READINGThe Riddle of the Maldives
The Maldives is one of the nations most vulnerable to rising sea levels. So, why is climate change not a topic of discussion here?
It was the site for one of the most iconic climate policy photos. In the run-up to the Copenhagen climate negotiations in 2009, President Mohamed Nasheed held a cabinet meeting in scuba gear 20 feet underwater to show what awaited the low-lying island nation of the Maldives if serious action were not taken to reduce …
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CONTINUE READINGMaking Building Decarbonization Work for LA Renters
A new UCLA report recommends policies to green existing buildings in a way that protects and supports residential tenants.
Los Angeles’ ambitious “Green New Deal” calls for, among other things, eliminating or offsetting building emissions and reducing building energy use by 44%, both by 2050. This is an impressive and ambitious target, and while the city has begun restricting some emissions from new buildings, it is still figuring out how to tackle the far …
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CONTINUE READINGCEQ and Permitting Reform
The enactment of NEPA 2.0 presents a golden opportunity for the agency.
In the recent debt ceiling law, Congress extensively revamped NEPA, the law governing environmental impact statements. An obscure White House agency, the Council on Environmental Quality (CEQ), will have the first opportunity to shape the interpretation of the new language. Much of the language in the new law is poorly drafted or vague, making CEQ’s …
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CONTINUE READINGA Climate Trial in Montana Sets the Scene for More
Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.
Young people who have the most to lose from climate change have filed lawsuits in all 50 states, but the first of these cases to go to trial will be in Montana—unofficially nicknamed “the Last Best Place”—which may be the perfect venue for a landmark trial about government culpability for the global climate crisis. Starting …
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CONTINUE READINGLocal Authority Over Oil Drilling Heads to California Supreme Court
Cities and counties have long held authority to decide where and whether to allow oil and gas exploration and extraction. The state’s high court can make that crystal clear.
If California residents decide by voter initiative to limit land uses for oil and gas extraction in their county, can fossil fuel businesses turn around and claim state preemption to overturn the voice of the voters? That’s what is at issue in a case that’s headed to the State Supreme Court. Oral arguments in this …
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CONTINUE READINGNew York’s New Environmental Justice Law
Unless amended or carefully implemented, there’s a risk the law could hurt the communities it’s meant to serve.
New York has enacted what may be the country’s most stringent environmental justice law. The state deserves credit for its commitment to remedying the unfair pollution burdens placed on disadvantaged communities. The law is so broadly worded, however, that it may have the potential to prevent economic development that would aid those communities, or even …
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CONTINUE READINGAir Quality Watchdog Agrees to Get Tougher on Refineries
There’s a favorable settlement in the case brought by Earthjustice on behalf of EYCEJ with help from UCLA law students.
Last year, the South Coast Air Quality Management District was accused of not properly enforcing a state law that requires petroleum refineries to install air-quality monitoring systems around their perimeter. Essentially, the air quality watchdog exempted smaller refineries from having to follow the rules. Now, the SCAQMD has agreed to reverse course and move to …
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