Environmental Science

40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS

EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.

This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …

CONTINUE READING

Gene Drives, Biodiversity Conservation, International Law, and Emerging Politics

gene drive inheritance

My latest article is published by Global Environmental Politics

A set of new biotechnologies are being developed that will force many of us, especially those concerned about biodiversity loss, to re-examine how we understand the relationship between biotechnology and conservation. These are “gene drives,” which would be used to genetically modify, reduce, or eliminate populations of species. My paper “Governing New Biotechnologies for Biodiversity …

CONTINUE READING

Enforcing NEPA’s Forgotten Mandate

The courts have failed to enforce a core requirement of NEPA. That leaves the White House.

The Democrats have adopted an ambitious platform for environmental protection, full of innovative legislative initiatives.  Here’s another idea Biden and Harris should consider, making use of the oldest of the modern environmental statutes. The National Environmental Policy Act (NEPA) is best known for requiring environmental impact statements. While they have enforced that requirement, the courts …

CONTINUE READING

UCLA Law Faculty Weigh In on Solar Geoengineering Experiment at Harvard

How to engage the public when everyone on Earth is a stakeholder?

  It’s been a surprisingly busy year for solar geoengineering research. In late December, Congress appropriated $4 million to NOAA to study the influence of atmospheric aerosols on climate, with an eye on assessing “solar climate interventions.” In March, Australian scientists ran a trial of a cloud-seeding technology on the Great Barrier Reef that may …

CONTINUE READING

The Danger of Climate Change Deadlines

deadline, by geralt at pixabay

Essential targets set by some of the world’s leading climate scientists and policymakers just passed. Now what?

Seven prominent figures in the global climate change policy discourse published an opinion essay in Nature. In “Three years to safeguard our climate,” they set a deadline for key targets to be met in order to stay on track to meet the Paris Agreement’s global warming goals. The notable thing is that the essay was …

CONTINUE READING

The Scourge of ERRD-16

Evident-Resistant Reasoning DIsorder can strike without warning.

A stubborn disagreement. A misguided tweet or facebook post. A lame remark. Those things can be normal behaviors. But they could be signs of something much more serious: a syndrome called Evidence-Resistant Reasoning Disorder or ERRD-16. This disorder has expanded explosively since a mutated form was introduced by a super-spreader in 2016. This super-spreader is …

CONTINUE READING

Environmentalists v. Cost-Benefit Analysis: What Does the Future Hold?

For now, at least, environmentalists and economists are aligned in criticizing Trump’s rollbacks. Will this alliance last?

If it’s true that “the enemy of my enemy is my friend,” environmentalists might want to take another look at cost-benefit analysis.  The Trump Administration is certainly doing its best to gut economic analysis of its rollbacks.  Both economists and environmentalists are resisting. Is this an alliance of convenience or will it be the start …

CONTINUE READING

A New Report on Governing Climate Geoengineering

I suggest steps toward global governance of carbon dioxide removal and solar geoengineering

A new report on the governance of climate geoengineering — that is, carbon dioxide removal (CDR) and solar geoengineering (or solar radiation modification, SRM) — has been released. International Governance Issues on Climate Engineering: Information for Policymakers was coordinated and issued by the International Risk Governance Center, edited by IRGC’s Marie-Valentine Florin, and commissioned by the …

CONTINUE READING

(Still More) Bad News on the Doorstep

New Reports Document Accelerating Wildlife Extinctions, Global Deforestation Trends

While public attention in recent weeks and months has understandably focused on the COVID-19 pandemic and the racial justice shockwaves triggered by George Floyd’s tragic death, another disaster continues apace. This week the New York Times published two alarming stories documenting the accelerating decline of our global environment.  The first, entitled “Extinctions Are Accelerating, Threatening …

CONTINUE READING

Trees Will *Not* Solve Climate Change

Pine tree plantation, near Thetford cc-by-sa/2.0 - © Bob Jones - geograph.org.uk/p/517891

The authors of a controversial, influential paper backtrack — again

Last summer, I pointed to a then-new paper in Science that concluded that planting trees could remove two-thirds of historical anthropogenic carbon dioxide emissions from the atmosphere at very low costs. At the time, I characterized the claims in it and the associated media communications as “misleading, if not false, as well as potentially dangerous.” …

CONTINUE READING

TRENDING