General
California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …
CONTINUE READINGEmergency? Part 5
Ending Deforestation
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make …
Continue reading “Emergency? Part 5”
CONTINUE READINGThe Latest in the Mountain Valley Pipeline Case
The Supreme Court was right to overturn the lower court’s stay.
Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of …
Continue reading “The Latest in the Mountain Valley Pipeline Case”
CONTINUE READINGEmergency? Part 4
Focus on Methane
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make …
Continue reading “Emergency? Part 4”
CONTINUE READINGEmergency? Part 3
Requiring Large-Scale Carbon Capture
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make …
Continue reading “Emergency? Part 3”
CONTINUE READINGUCLA Clinic Submits Amicus Brief in Kern Oil Ordinance Case
Kern County’s efforts to increase drilling could jeopardize the survival of the Temblor legless lizard. The case demonstrates why environmental review must keep pace with emerging science and new information.
The UCLA Environmental Law Clinic has submitted an amicus brief in a case that challenges Kern County’s (the “County”) repeated efforts to streamline oil and gas development without proper regard for myriad environmental harms. The Clinic filed its amicus brief on behalf of Professor H. Bradley Shaffer, Ph. D., one of California’s leading experts on …
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CONTINUE READINGEmergency? Part 2
Renewable Siting and Transmission
We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make …
Continue reading “Emergency? Part 2”
CONTINUE READINGThe NEPA Amendments in Nine Blog Posts
Surveying the legal problems of the biggest NEPA changes in the past fifty years.
On June 5, President Biden signed the debt ceiling bill, which provides the first significant rewrite of NEPA since it was passed over fifty years ago. In a series of blog posts, I’ve explored some of the legal issues raised by the amendments. My goal has been highlighting problem areas rather than providing anything like …
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CONTINUE READINGCan We Reach Net Zero without Carbon Markets and Offsets?
By presuming markets are the only option for developing and scaling new techniques and technologies we ignore the lessons of history.
The rapid spread of net zero targets in climate policy has been accompanied by a surge of interest in offsetting markets. In our market economies it is easy to presume that net targets will get delivered by offsetting residual emissions against carbon removals. But the Paris Agreement actually only specifies that global aggregate residual emissions …
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CONTINUE READINGEmergency?
What If We Really Acted as if Climate Change is an Emergency
The world’s scientists warn of massive disruption to the planet in report after report. The leading edge of that disruption is already here. Wildfire in Canada, smoke in NYC, heat domes in Texas, massive heat in the Atlantic ocean are just some of this month’s news. We give lots of lip service describing climate change …
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