General

Guest Blogger Nick Bryner: Cooking the Books While Cooking the Planet: A First Look at the EPA’s ACE Rule

Final Rule Changes Baseline Assumptions & Approach to Cost-Benefit Analysis in Attempt to Justify Weak Standards

Yesterday, the Trump EPA released its long-awaited response to the Obama-era Clean Power Plan. At first glance, the final rule has been carefully crafted in an attempt to avoid several glaring legal vulnerabilities of the rule—and to obscure the obvious inadequacy of the Administration’s response to climate change. The EPA has found many contradictory ways […]

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Guest Bloggers Will Martin and Michael P. Vandenbergh: Can Private Environmental Governance Address Nationalism’s Threat To International Environmental Law?

As Some Nations Retreat From Internationalist Approaches to Transnational Environmental Challenges, Corporate Actions May Play a Larger Role

The withdrawal by Japan from the International Whaling Convention and its related Commission in December 2018 and the on-off threat by the new leader of Brazil to withdraw from the Paris Agreement on Climate Change are the latest signals that International Environmental Law (“IEL”) is under siege. The move by Japan and the possible withdrawal […]

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Standing and the Juliana v. United States Plaintiffs

Sympathetic Plaintiffs Also Help Legally

It’s not news that the 21 children (some now adults) who are suing the United States for the right to a safe and stable climate are sympathetic and telegenic.   They are the primary reason Juliana v. United States has garnered so much attention, including a lengthy, highly positive segment on 60 Minutes.  But the Juliana […]

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Guest Blogger Michael Panfil: Supreme Court Declines to Hear New York and Illinois Clean Energy Cases Challenging Zero Emission Credits

Cert. Denials Have Significant Implications for Environment, Human Health, and Clean Energy

States are on the leading edge in crafting pathbreaking climate and clean energy policy. They rely on longstanding authority to do so to further their citizens’ welfare and wellbeing. That bedrock authority recently received important reaffirmation from the Supreme Court, which last month declined petitions for review in two cases with important implications for power […]

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The Governance of Solar Geoengineering: Managing Climate Change in the Anthropocene

The Governance of Solar Geoengineering: Managing Climate Change in the Anthropocene

My book is now available!

I interrupt my ongoing blog series on new biotechnologies and their governance (1, 2, 3) to announce that my book The Governance of Solar Geoengineering Managing: Climate Change in the Anthropocene is available today from Cambridge University Press. The brief description is: Climate change is among the world’s most important problems, and solutions based on […]

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Sen. Portantino Spikes California’s Critical Housing & Climate Legislation

Will Gov. Newsom and Sen. Atkins Rescue SB 50?

California faces a dual crisis: a massive housing shortage leading to displacement and spiraling economic inequality; and an increase in driving miles and related greenhouse gas emissions which threaten to undermine the state’s progress achieving its climate goals. Both of these crises were solidly addressed in Sen. Scott Wiener’s SB 50, which seeks to ease […]

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In Defense of Live Carbon

Why Stopping Deforestation May be the Hardest and Most Important Part of the Climate Change Challenge

When contemplating the enormous challenge of global climate change, it is sometimes helpful to think about a simple model of the global carbon budget (see figure below).  These admittedly reductionist schematics distinguish between sources, sinks, and reservoirs.  Fossil hydrocarbons from the geological reservoir–call this dead carbon—are extracted and burned to generate energy, emitting vast amounts […]

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California groundwater management, science-policy interfaces, and the legacies of artificial legal distinctions

By Dave Owen and Michael Kiparsky

One of the many noteworthy features of California’s  Sustainable Groundwater Management Act (SGMA) is that it requires local government agencies to consider and address the effects of groundwater management upon interconnected surface water. That requirement is an important step towards rationalizing California water management, which has long treated groundwater and surface water as separate resources.  […]

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Trump Administration’s Cold Water War With California Turns Hot

Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo

When it comes to California water policy, the federal-state relationship has always been both strained and challenging.  That intergovernmental tension harkens back at least to the Reclamation Act of 1902.  In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state […]

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Trump’s “Great Honor” to Fund the Great Lakes Restoration Initiative is a Great Falsehood

Trump Mischaracterizes His Administration’s Attempt to Defund Important Program to Protect Environmental Quality in the Great Lakes

Late last week, Donald Trump promised to fully fund the Great Lakes Restoration Initiative, a program of the Environmental Protection Agency that provides resources to address environmental quality issues in the Great Lakes. His hollow promise obscures the fact that the Trump administration has worked hard to dismantle this program through taking away its funding, and […]

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