General
My Farewell to UCLA
Leaving UCLA to join Earthjustice is exciting, and bittersweet, for me
This will be my final Legal Planet post as a member of the UCLA faculty. After 20 wonderful years at UCLA School of Law, directing our Environmental Law Center and Wells Clinic and then co-directing our Emmett Institute with Cara Horowitz, I’m leaving to join Earthjustice as the managing attorney of the organization’s California Regional …
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CONTINUE READINGLA’s Big Step toward Building Electrification
Los Angeles is about to require that new buildings be electric, but there’s a bigger decarbonization hurdle waiting.
The City of Los Angeles is going into the new year with a big new building-decarbonization ordinance: starting this year, nearly all new buildings in the city will have to be entirely electric. This means that, with few exceptions, new buildings will need to exclusively use electric appliances, and will not be allowed to contain …
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CONTINUE READINGThe 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 …
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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. …
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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 …
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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 …
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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 …
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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 …
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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 …
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