General

A Big Win for Climate Regulation

The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

CONTINUE READING

Climate Change, Big Energy & The U.S. Supreme Court–What Could Possibly Go Wrong?

BP v. Baltimore Is First Environmental Case To Come Before Newly-Reconstituted High Court

On Tuesday, the U.S. Supreme Court will hear oral arguments in its first environmental case of the 2020-21 Term.  That case, BP PLC v. Mayor and City Council of Baltimore, involves an important, nationwide climate change litigation trend, and will provide the first indication of the post-Ginsburg Court’s attitude towards environmental law and litigation generally. The Baltimore case is …

CONTINUE READING

The California Supreme Court’s Most Important Environmental Law Decisions of 2020

It Was a Relatively Quiet Year for Environmental Law in the California Supreme Court

[This is the third and final installment in a series of posts highlighting the most significant environmental law decisions of 2020.  Earlier this week, I profiled the key 2020 environmental rulings by the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.  This post concludes the series with an examination of …

CONTINUE READING

The Ninth Circuit’s 10 Most Important Environmental Law Decisions of 2020

Climate Change, California v. Trump Cases Lead the List

This is the second of three year-end posts on the most important environmental law decisions in 2020 from the U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit and California Supreme Court.  (The key U.S. Supreme Court rulings were the focus of yesterday’s post, and tomorrow’s will feature California Supreme Court decisions.) Today, …

CONTINUE READING

The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year.  Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

CONTINUE READING

We Cannot Keep Global Warming within 1.5°C without Geoengineering

A new report from German green left groups heroically try do so, but fail

I emphasize the importance of carbon dioxide removal (CDR) technologies and solar geoengineering research because keeping global warming within the internationally agreed-upon 2°C goal through reducing greenhouse gas emissions alone is extremely difficult, and limiting it to the 1.5°C aspirational target is now essentially impossible. All options to reduce climate change that are consistent with …

CONTINUE READING

Rescinding Federal Environmental Rollbacks

Roadmaps for nearly 200 actions

The Trump Administration has rolled back environmental protection in numerous ways, large and small, across the entire federal government. From power plant mercury emissions to protection for endangered species, from climate change data on government websites to state authority to regulate air pollution, the Administration has undermined the process, structure, and substance of environmental law, …

CONTINUE READING

California’s Environmental Justice Policies Should Serve as A Model for the Biden-Harris Administration

AB 617’s Program to Reduce Hot Spot Pollution, Port Programs, Zero Emission Trucks Could Go National

No Presidential ticket has come into office more committed to environmental issues than President-elect Joe Biden and Vice President-elect Kamala Harris.  Appropriately, climate change is at the top of their agenda.  They are also committed to advancing environmental justice by addressing the disproportionate environmental harms many low income communities of color face. California is often …

CONTINUE READING

Is the Paris Agreement’s Ambitious 1.5°C within Striking Distance?

Climate Action Tracker projections

A new analysis highlights the dangerous seduction of long-term targets

A new briefing (and PDF) from Climate Action Tracker opens with, “The recent wave of net zero targets has put the Paris Agreement’s 1.5°C within striking distance.” Big, if true. But is it? In the 2015 Paris Agreement on climate change, countries agreed to keep global warming within 2°C and to “pursu[e] efforts” to keep …

CONTINUE READING

Insuring Extreme Heat Risks: Q+A with CA Insurance Commissioner Ricardo Lara

Insurance Commissioner answers questions on insurance and extreme heat issues

Yesterday, CLEE released Insuring Extreme Heat Risks, which investigates the potential for insurance and other financial risk transfer mechanisms to address the multi-faceted and growing risks that climate change-related extreme heat poses to public health, infrastructure, educational and labor productivity, and other vital systems. California Insurance Commissioner Ricardo Lara, who provided vital support for the report …

CONTINUE READING

TRENDING