General
The Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022
Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year
I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …
CONTINUE READINGReflections on a Century of “Regulatory Takings” Law
A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth
One hundred years ago this month, the U.S. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts. In the December 1922 decision Pennsylvania Coal Company v. Mahon, a divided Supreme Court created the constitutional doctrine of “regulatory …
Continue reading “Reflections on a Century of “Regulatory Takings” Law”
CONTINUE READINGThe Passing of a Respected Water Warrior
Remembering California Water Law Attorney Clifford Lee
Clifford (Cliff) Lee, one of California’s most knowledgable and respected water law experts, died suddenly late last month. His passing leaves a tremendous void in the field of California water law and policy. After earning his undergraduate degree from U.C. Berkeley, Cliff attended law school at U.C. Davis and quickly became entranced by water law. …
Continue reading “The Passing of a Respected Water Warrior”
CONTINUE READINGLoss and Damage
A deeper dive into the top issue at COP27
As I noted in my last post, this year’s conference of the parties to the climate treaties (COP27) became pretty much a single-issue conference, focused on adaptation and the associated needs for finance – in particular on the urgent need for financial assistance to support adaptation in the Global South, and the lamentable record of …
Continue reading “Loss and Damage”
CONTINUE READINGThe Sleepwalking COP
Thoughts on COP27, this year’s climate conference
It’s two weeks since the end of this year’s annual Conference of the Parties to the international climate treaties, COP27, held in Sharm el-Sheikh, Egypt. You might have noticed an odd vagueness in accounts of this year’s COP. These annual meetings are huge media events — understandably, since they are the highest-level international event on …
Continue reading “The Sleepwalking COP”
CONTINUE READINGRealizing Equitable Outcomes in Climate Action Plan Implementation
As my colleagues Katie Segal, Ted Lamm, and Ross Zelen have described, our team at CLEE released an analysis earlier this month detailing how San Francisco can fund implementation of its Climate Action Plan. Katie provided an overview of the city’s Climate Action Plan (CAP), describing how San Francisco will need to secure tens of billions …
Continue reading “Realizing Equitable Outcomes in Climate Action Plan Implementation”
CONTINUE READINGIs a Green Trade War Brewing?
The Inflation Reduction Act has inflamed trade tensions around the world, just as we predicted in 2015
It is rare that a law professor gets to say with some justification, “I told you so.” But… Wait for it… I did tell you so. Or, more precisely, Mark Wu and I predicted the current conflict pitting the United States against the rest of the world in our 2015 Northwestern Law Review piece, “Next …
Continue reading “Is a Green Trade War Brewing?”
CONTINUE READINGFunding & Financing San Francisco’s Ambitious Climate Action Plan
New CLEE analysis recommends revenue, equity, and implementation measures for city climate action
Cities are leaders in climate policy and planning, and many cities have developed local climate action plans (CAPs) that envision strategies to reduce emissions and increase resilience in a changing climate. Hundreds of local governments in California have adopted such plans, ranging from dense Bay Area cities to rural Central Valley counties. However, few of …
Continue reading “Funding & Financing San Francisco’s Ambitious Climate Action Plan”
CONTINUE READINGTomorrow’s Elections: What Enviros Should Watch For
Who will control the House and Senate — and why it matters. [WITH NOV. 10 UPDATE]
Will Biden be able to pass new climate legislation in the next two years? Will EPA be shut down due to budget disputes? Will he be able to add any new judges to balance Trump’s anti-regulatory appointees? Can Biden appoint new administrators to serve the next two years? How much will the Administration be hammered …
Continue reading “Tomorrow’s Elections: What Enviros Should Watch For”
CONTINUE READINGDo Trump-Appointed Judges Differ when Deciding Environmental Cases?
Student analysis identifies disparities in judicial outcomes
(This post was authored by Grayson Peters, a JD candidate at Berkeley Law and CLEE research assistant.) Do federal judges appointed by former President Trump rule differently in environmental disputes than judges appointed by other presidents? An analysis by two Berkeley Law students finds that they do in a few key areas of judicial decision-making. …
Continue reading “Do Trump-Appointed Judges Differ when Deciding Environmental Cases?”
CONTINUE READING