General Archives - Page 20 of 95

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UCLA Law Clinic Files Amicus Brief Seeking Review of Decision in Berkeley Gas Case

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. Berkeley case on behalf of seven law professors: our own William Boyd, Dan Farber and Sharon Jacobs at UC Berkeley, Jim Rossi at Vanderbilt, David Spence at UT Austin, Shelley Welton at UPenn, and Hannah Wiseman at Penn State. (The …

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California must move more quickly to decarbonize existing residential buildings

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

California has set ambitious climate goals, which include reducing state greenhouse gas (GHG) emissions 40 percent by 2030 and reducing GHGs 85 percent (and achieving statewide carbon neutrality) by 2045. Amongst all the sectors state leaders seek to address, existing buildings (which are responsible for over 10 percent of state emissions), and especially existing residential …

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The Farm Is Not An Algorithm

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

This article provides an overview of the second interview in a three-part interview series that explores how digitalization is reshaping environmental governance. I spoke with Oane Visser, an Associate Professor in Agrarian Studies at the International Institute of Social Studies. Visser earned his Ph.D. in anthropology from Radboud University, Nijmegen, in the Netherlands. His research …

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Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

Digitalization is reshaping environmental governance in profound ways. As environmental degradation and climate change intensify, society increasingly turns to digital technologies to live more sustainably and protect biodiversity and other natural resources, such as land, water, and energy. Digital tools are transforming who is involved in environmental decision-making, how environmental problems are understood and assessed, …

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What’s Next in the Fight over Berkeley’s Natural Gas Ordinance

The Martin Luther King Jr. Civic Center, where the Mayor's Office and City Council are located

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

The City of Berkeley just filed a petition for en banc review in its long-running litigation in defense of an ordinance it passed that restricts natural-gas infrastructure in new construction. This litigation has been watched by many in the climate-policy world because of the popularity of laws like Berkeley’s; it took on new relevance for local-authority …

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A Climate Trial in Montana Sets the Scene for More

Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.

Young people who have the most to lose from climate change have filed lawsuits in all 50 states, but the first of these cases to go to trial will be in Montana—unofficially nicknamed “the Last Best Place”—which may be the perfect venue for a landmark trial about government culpability for the global climate crisis. Starting …

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The role of regulatory relationships in wastewater innovation

Five boxes are shown, one for each of the 5 characteristics. Arrows connect some of the boxes to one another. The first box is for “clarity.” It says “The relationship establishes explicit and mutually understood expectations regarding the utility’s and regulator’s respective responsibilities and goals.” The second box is for “capacity building.” It says “The relationship builds knowledge and abilities for both the utility and the regulator.” The third box is for “continuity.” It says “The relationship begins early and continues throughout project development and implementation.” The fourth box is for “trust.” It says “The relationship fosters willingness by the utility and regulator to take risks in exchange for the other party’s capability and willingness to deliver on commitments, as well as public confidence in both.” Finally, the fifth box is for “bounded flexibility.” It says “The relationship maintains the ability to adjust and adapt over time, including by (1) supporting project refinement, learning, and adjustment and (2) exploring the appropriate use of regulatory discretion.” Three arrows point from the clarity box to other boxes. One arrow points to the capacity building box and says “Helps parties identify their information needs.” A second arrow point to the trust box and says “Helps parties understand one another’s goals, responsibilities, and constraints + identify areas of alignment.” The third arrow points to the bounded flexibility box and says “Helps parties identify where flexibility may be possible and beneficial.” Two arrows point from the capacity building box to other boxes. One points to the trust box and says “Builds project-specific knowledge + builds ability to deal with innovation.” The other points to the bounded flexibility box and says “Supports project refinement and adjustment.” Four arrows point from the continuity box, one to each of the other four boxes. The arrow to the clarity box says “Maintains understanding of parties’ goals and expectations.” The arrow to the capacity building box says “Supports developing and maintaining the parties’ institutional and project-specific knowledge.” The arrow to the trust box says “Demonstrates a pattern of good-faith interactions.” The arrow to the bounded flexibility box says “Enables ongoing engagement around adaptive management + regulatory discretion.” Finally, an arrow points from the trust box to the bounded flexibility box. It says “Increases willingness to use adaptive management + supports exploring regulatory discretion.”

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Public water and wastewater utilities are increasingly struggling to meet society’s expectations. Their basic infrastructure is aging, budgets are tight, and they face a barrage of stressors, from population growth to climate change and shifting regulatory expectations. What’s more, in addition to performing their traditional function of protecting human health and water quality, many wastewater …

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Environmental Law Again Front-and-Center at California Supreme Court

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …

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EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 

Today’s the day for the long-awaited release of Environmental Protection Agency regulations to tackle planet-warming pollution by the nation’s power plants. (Read the announcement here and the full text here.) The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. For weeks, …

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Supreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits

Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry

This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

How To Beat A Jackass

Trump’s destruction of the federal government poses a hard question: how to quickly stand up robust institutions?

What does ‘Drill, Baby, Drill’ Mean in California?

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Trump’s Funniest Executive Orders

Yes, they’re destructive and often cruel. But sometimes, they’re also unintentionally funny.

Why is EPA at War with Its Own Employees?

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

We Built This City On Urban Form

California’s CEQA reforms will require rethinking how we code our cities

Perhaps the Least Qualified FERC Nominee in History

Trump’s nominee seems to have essentially no relevant experience or expertise.

“A Historic Day”: the World Court’s Big Climate Opinion

UCLA Law’s Anna Spain Bradley offers takeaways from the International Court of Justice’s Advisory Opinion on the Obligations of States in Respect of Climate Change.

General

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

Does technology shift focus toward “green policing” and away from integrated conservation and development?

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants.

Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

The answer may depend on what being “in effect” means.

This most recent report is better, but still has significant flaws

The Supreme Court’s Imperial Presidency drive isn’t formalism: it is calculated to destroy the state.

UCLA Law’s Anna Spain Bradley offers takeaways from the International Court of Justice’s Advisory Opinion on the Obligations of States in Respect of Climate Change.

Exploring avenues for implementing publicly-supported climate solutions.

Trump or no Trump, the global economy is shifting toward clean energy.

The State Should Get Far More Benefit

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Trump’s nominee seems to have essentially no relevant experience or expertise.

Trump’s destruction of the federal government poses a hard question: how to quickly stand up robust institutions?

Trump’s destruction of the federal government poses a hard question: how to quickly stand up robust institutions?

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Yes, they’re destructive and often cruel. But sometimes, they’re also unintentionally funny.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

California’s CEQA reforms will require rethinking how we code our cities

Trump’s nominee seems to have essentially no relevant experience or expertise.

UCLA Law’s Anna Spain Bradley offers takeaways from the International Court of Justice’s Advisory Opinion on the Obligations of States in Respect of Climate Change.

The Supreme Court’s Imperial Presidency drive isn’t formalism: it is calculated to destroy the state.

Property used to be a central conservative concern. Not so much these days.

The State Should Get Far More Benefit

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 