Events

Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers

U.S. Court of Appeals Rules Unconstitutional Trump Administration’s Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction

Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense.  The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined …

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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 …

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Just a Bit More on Earth Day(s) Past and Present

Kudos to the New York Times for Its Stellar Earth Day Coverage–Today & 50 Years Ago

This week, several of my Legal Planet colleagues and I have been posting and musing about Earth Days past, present and future.  As I write this, Earth Day 50 is winding down after a multitude of (largely online) demonstrations and celebrations across the globe. One long-term, disturbing development over the past couple of decades has …

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Earth Day’s 50th Anniversary: A Reflection

Why Celebrating Environmental Values & Goals Is Now More Important Than Ever

Today marks the 50th anniversary of America’s first Earth Day.  Beginning on April 22, 1970, the United States and global community have rallied each year to celebrate environmental values and goals.  It seems especially important to commemorate and continue that tradition in the midst of the current coronavirus pandemic. The first Earth Day was a …

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COP-Out 25: Why Madrid’s Failure May Not Really Matter

Carbon markets are unlikely to be central to global decarbonization efforts

The 25th United Nations Conference of the Parties (COP) in Madrid ended largely in failure on Sunday, with the parties unable to come to agreement on provisions governing a potential international carbon market. How big a deal is that failure? Like my UCLA Law colleagues, I attended the conference in Madrid and witnessed similar dynamics …

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Is California’s High Speed Rail Project Falling Apart?

Join my KALW radio conversation tonight with newly appointed High Speed Rail Authority board chair Lenny Mendonca at 7pm

The future of California’s high speed rail system has arguably never been as perilous as now. Otherwise-supportive legislators are now openly mulling raiding high speed rail funds meant to complete the first leg in the Central Valley for rail improvements in the more densely populated parts of California, namely the San Francisco Bay Area and …

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Conference on the Ocean’s Role in Sustainable Food Production

U.C. Davis Will Host Cutting-Edge Event on September 16-17, 2019

U.C. Davis’ Coastal and Marine Sciences Institute, in conjunction with the UCD School of Law’s California Environmental Law & Policy Center, will host an important and timely conference on September 16-17, 2019.  “The Ocean’s Role in Sustainable Food Production” will offer an in-depth, interdisciplinary look at current scientific, economic, social, legal and governance issues surrounding …

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Trump Administration Attempts to Eviscerate the Endangered Species Act

Rather Than “Improve” ESA, Newly-Adopted Regulations Dramatically Erode Its Historic Protections

The Endangered Species Act, enacted in 1973, has for most of its history been the most controversial and politically-charged of all the foundational environmental laws adopted by Congress in the 1970’s.  But despite its contentious history, opponents of the ESA have been unsuccessful in their efforts to weaken the law, either through significant Congressional amendments …

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Will Self-Driving Battery Electric Buses Replace Rail Transit?

A question for LA Metro CEO Phil Washington at “LA Infill” conference at UCLA Law on July 24th

Many urbanists, environmentalists, and transit enthusiasts love rail. Los Angeles voters in particular have repeatedly expressed the wish for more rail, approving county sales tax increases by overwhelming margins in 2008 and 2016, along with prior measures in 1980 and 1990, in part to fund a nation-leading, multi-billion dollar rail transit build out (a history …

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Supreme Court Takes a Knick Out of Regulatory Takings Law

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

  In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott.  By a narrow 5-4 vote that split …

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