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Guest Contributor Kate Mackintosh: 200 Words to Save the Planet—The Crime of Ecocide
Could ecocide become the fifth crime to be prosecuted at the International Criminal Court?
Last month, a panel of international lawyers chaired by Philippe Sands and Dior Fall Sow launched our proposal for a new crime of ‘ecocide’ – an international crime of environmental destruction that would sit alongside genocide, crimes against humanity, war crimes and the crime of aggression at the International Criminal Court. The idea of ecocide …
CONTINUE READINGThe Northwest Extreme Heat Wave Is a Call to Policy Action
Extreme heat in the Pacific Northwest over the past few weeks shattered records – 108º in Seattle, 116º in Portland, 121º in Lytton, BC, the day before a wildfire devastated the town – and has been linked to hundreds of deaths, a number that will surely increase as local officials gather more information. It has …
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CONTINUE READINGThe Illusions of Takings Law
Nothing is as it seems, when the issue is whether a regulation is a “taking” of property.
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn …
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CONTINUE READINGThe Ongoing Tension over Stormwater Discharges in Los Angeles
Upcoming hearings on a proposed new MS4 permit will set the stage for the future of water quality throughout LA County
[Disclosure: The Frank G. Wells Environmental Clinic at UCLA School of Law is representing Los Angeles Waterkeeper on matters related to the subject of this post. I will shortly be joining Los Angeles Waterkeeper as a Staff Attorney. However, like all other Legal Planet posts, this post reflects only my own views and opinions.] The …
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CONTINUE READINGSupreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property
What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?
In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes. Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …
CONTINUE READINGAnother Historic Climate Court Ruling in the Netherlands
A court orders Shell to cut its emissions, including of its consumers. But will this stand after appeal?
In recent years, The Netherlands has become the leading site of climate change litigation. Contrary to expectations (including my own!), its district, appellate, and supreme courts decided in favor of Urgenda, an upstart environmental organization, ordering the government to more aggressively reduce greenhouse gas emissions. Now the same district court has gone further, again in favor of environmental groups …
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CONTINUE READINGThe Supreme Court’s (Non-)Decision in Major Climate Change Case
BP P.L.C. v. Baltimore Ruling a Technical Win for Energy Defendants–But There’s Less There Than Meets the Eye
Today the U.S. Supreme Court issued its first major environmental decision of the Court’s current Term–and in a climate change case, no less: BP P.L.C v. Mayor and City Council of Baltimore. Superficially, the multinational energy corporations sued by the City of Baltimore prevailed, in a 7-1 majority opinion authored by Justice Neil Gorsuch. But …
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CONTINUE READINGBiden and the Environment: The First 100 Days
Biden has set up a lot of future actions. But he’s already got some notches on his belt.
Tomorrow marks Biden’s first 100 days in office. He’s appointed a great climate team and is negotiating an infrastructure bill that focuses on climate change. With luck, those actions will produce major environmental gains down the road. There are also some solid gains in the form of actions that have already come to fruition. Here’s …
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CONTINUE READINGOffering “Carrots” to Protect the Amazon
Brazil asks for a billion dollars to slow deforestation. Would this be cooperation or extortion?
In March, US President Joe Biden invited the leaders of 40 countries to a virtual climate change summit, which takes place today and tomorrow. During the lead-up to this, many countries announced commitments of varying specificity and firmness to reduce greenhouse gas emissions. (I hope to write soon on the European Union.) Brazil’s position is …
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CONTINUE READINGCommon Ground on Climate: Understanding the US-China Joint Statement
After months of growing geopolitical tensions, the US and China have finally found something to agree on: the need to confront the climate crisis. In fact, two days of meetings last week in Shanghai between US Special Presidential Envoy for Climate John Kerry and his counterpart, Special Climate Envoy Xie Zhenhua have culminated in the …
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