Environmental Science
The 2024 Election Outcome Could Boost the Case for Geoengineering
A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.
A Trump victory would increase the odds that we will eventually need to “break the glass and pull the red lever.” To be prepared for that possibility, we would also need to do more in the short term to research various forms of geoengineering, their feasibility, and their potential side effects. Basically, if you decide you’re going to start smoking a lot more cigarettes, you need to be prepared for the greater likelihood you’ll need chemo.
CONTINUE READINGThe Dangerous Embrace of Convenient Narratives Over Inconvenient Truths
As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.
When lying becomes seen as legitimate political discourse, we’re in deep trouble. It’s short step from blaming people for imaginary crimes to rounding them up and or using force to stop them. That’s why climate scientists get death threats. And yet, whatever threats are made or carried out, reality will remain what it is. You can denounce climate change as a Chinese hoax, but that won’t stop the warming waters of the Gulf from sending incredible storms your way.
CONTINUE READINGModel Uncertainty in Politics and Climate Policy
The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.
Yes, your favored candidate could sweep the swing states, and yes, climate change could be more moderate than we now expect. But that shouldn’t give you much comfort on either issue, since the errors could equally be in the opposite directions.
Obviously, we’d like to improve our models, but that’s not always easy. In the meantime, the smart thing is to plan on the basis of the best models we have but avoid overconfidence about our predictions.
CONTINUE READING“Salt Lakes in Crisis: Legal Responses to Ecological Catastrophes”
Upcoming U.C. Davis Law Review Symposium To Provide Interdisciplinary Focus On Threatened Western U.S. Lakes
On Friday, September 20th, the student-run U.C. Davis Law Review will host a most timely conference examining an environmental crisis facing many of the American West’s iconic “terminal lakes.” That term refers to lakes that have no natural outlet. For many years, protracted droughts and human diversions from freshwater rivers and streams feeding those lakes …
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CONTINUE READINGLet’s Make Tomorrow “National Climate Awareness Day”
Here’s the case for setting aside a day to think about climate change, and why that day should be Aug. 23
Creating National Climate Awareness Day would send a message about the importance of climate change. It would also provide an occasion to educate Americans about the issue. If it can also celebrate modern science, and the contributions of women to science, all the better. And all it would take is a Presidential proclamation.
CONTINUE READINGIs Loper v. Raimondo Really the Power Grab Commentators Assume?
The Supreme Court has already grabbed power from agencies through the major questions doctrine.
Headlines about today’s decision in Loper v Raimondo overturning the 40 year-old decision in Chevron v NRDC that granted agencies deference in their interpretation of ambiguous statutes focus on the “massive power grab,” the decision’s “sweeping” nature and call it a “blow” to the administrative state. My view may be idiosyncratic but I don’t view …
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CONTINUE READINGThe “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data
California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data
Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought. One post focused on the federal government’s successful criminal prosecution of a San Joaquin Valley water district manager …
CONTINUE READINGUniversities Gear Up to Fight Climate Change
Here are some recent developments at leading universities.
Universities across the country are making moves to better address climate change: creating new Schools of Sustainability and Climate, establishing research institutes, and appointing Vice Provosts for Climate Change to oversee their work.
CONTINUE READINGEverywhere and Forever All at Once: PFAS and the Failures of Chemicals Regulation
Environmental law helped create a world awash in toxic chemicals. It’s time to think about how regulation can operate as a form of green industrial policy for chemicals.
This post was originally published on the Law & Political Economy Blog as “How Environmental Law Created a World Awash in Toxic Chemicals.” Earlier this spring, the Biden administration finalized two important rules targeting a small subset of so-called forever chemicals: one establishing drinking water standards for six such chemicals and the other designating two …
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CONTINUE READINGChevron Gets the Headlines, But State Farm May Be More Important
The abortion pill case could undermine the authority of agency’s expert judgments.
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to defer to an agency’s expert judgment unless its reasoning has ignored contrary evidence or has a logical hole. As you probably already know, …
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