Federal Climate Policy
Be Thankful for Millennials – Our Best Environmental Hope
The present belongs to Trump. The future is a lot greener.
We may not have much to be thankful right now, but I do have one bright thought for Thanksgiving. These are dark days for the cause of environmental protection, and it would be easy to give way to despair. But I continue to believe that prospects will improve. This election was a huge and costly …
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CONTINUE READINGEnvironmental Law under Trump: A Threat Assessment
Environmental law may face attack on many fronts during the Trump Administration. As we were all forcefully reminded last week, predictions are always uncertain. Trump’s own intentions are not yet clear, and there are many permutations that could affect the end result. Rather than trying to predict exactly what will or won’t happen, it may …
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CONTINUE READINGWhat Will Trump Do? Maybe Not What We Expect.
If he cares about 2020, he’ll have to do some recalibrating.
To be honest, no one really knows what Trump will do. Maybe not even Trump. The obvious is often the safest best. In this post, I’m going to speculate about another, slightly less dire, possibility. He may take the most obvious path – which would mean ripping the heart out of our environmental laws. For instance, he …
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CONTINUE READINGWhat Does a Trump Presidency Portend for California’s Environmental Policies?
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …
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CONTINUE READINGTrump and Climate Change
There’s Nothing Good to Be Said About It
A Trump Presidency is a disaster for U.S. leadership on climate change. There’s no other way to spin this election. Myron Ebell, the head of Trump’s EPA transition team, thinks that President Obama’s Clean Power Plan is illegal, the Paris Agreement unconstitutional and that climate change “is nothing to worry about.” Though most of the …
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CONTINUE READINGClimate Science Takes Win in Effort to Save Bearded Seal
Ninth Circuit upholds NMFS’s reliance on climate projections to 2095 in decision to list Pacific bearded seal as threatened under ESA
Climate change is expected to wipe out critical habitat of the Pacific bearded seal by 2095. This projection, based on IPCC climate data and models, justifies listing the Beringia distinct population segment of the bearded seal as threatened under the Endangered Species Act, according to a recent Ninth Circuit opinion in Alaska Oil and Gas …
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CONTINUE READINGAt the Tipping Point
Tomorrow’s vote is a tipping point for climate policy, with large, irreversible consequences.
We’re now at a tipping point for climate policy. Tomorrow’s election will send us down one of two very different paths for years to come. The political system lends itself to such tipping points in policy. Linear systems don’t have tipping points: small changes have small effects that can be reversed. Tipping points are a …
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CONTINUE READINGObama’s Remarkable Environmental Achievements
When you look at the whole of his legacy, it’s a stunning record.
When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …
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CONTINUE READINGConfronting the “Emissions Gap”
Long-term thinking and short-term deficiencies in climate change mitigation
With the Paris Agreement now ratified by 86 countries, and entering into force this Friday, countries have defined their first targets—the first round of nationally determined contributions (NDCs). The United States has pledged to reduce GHG emissions 26-28% below 2005 levels by 2025. This initial round of NDCs is significant, but represents only a short timeframe and …
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CONTINUE READINGGuest Bloggers Alice Kaswan and Kirsten Engel: Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable
New Report Analyzes Potential for Further Emissions Reduction from Existing Sources
Guest post by Alice Kaswan (University of San Francisco School of Law), Kirsten H. Engel (University of Arizona School of Law) It’s been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of …
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