General
Do Epidemic-Based Business Closures by Government Trigger an Unconstitutional “Taking”?
Longstanding U.S. Supreme Court Precedents Indicate the Answer is an Unequivocal “No”
Lately, an increasing number of public and private voices have been raised in opposition to business closures ordered by state and local governments in response to the COVID-19 epidemic. In many such cases, that opposition has taken the form of lawsuits filed by business owners, claiming a violation of their constitutional rights. Gun shops across …
CONTINUE READINGClimate’s Future in the Face of COVID
Even as emissions decrease, climate activists shouldn’t get comfortable
As many have pointed out, air and water pollution have plummeted because of COVID-19. My colleague Ben Harris wrote about the many positive environmental impacts that global-scale quarantine has caused – and they’re truly inspiring. Some have pointed to this massive pollution reduction to illustrate that “we are the virus”. Perhaps the pollution reduction is …
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CONTINUE READINGA Solar Geoengineering Milestone Goes Largely Unnoticed
The first explicit, meaningful outdoor test garnered little attention in the news or from environmentalists
In response to insufficient cuts in greenhouse gas emission, some scientists and others are researching solar geoengineering. These techniques would reflect a small portion of incoming sunlight to cool the planet and counter climate change. A major step in solar geoengineering was recently taken, although you probably wouldn’t know it from reading the news or …
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CONTINUE READINGThe Looming Liability of Orphaned Oil Wells
Abandoned wells pose a rising risk to the state as the industry struggles
Recent reports are highlighting a looming environmental threat from the ongoing struggles of the oil and gas industry, which derive from a combination of the demand impacts of the covid-19 pandemic and long-running price wars and financing challenges. As more operators face bankruptcy, states including California may face a boom in “orphaned wells”: oil and …
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CONTINUE READINGCoastal Beaches, Public Access & the Pandemic
Important Legal & Policy Considerations in Closing Beaches to Protect Public Health
As part of America’s steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue. It’s especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public …
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CONTINUE READINGRoadmap For California To Phase Out Oil & Gas Production
New CLEE report released today with legal options for state policy makers & free May 12th webinar
California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly …
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CONTINUE READINGThe Netherlands Will Likely Meet Ambitious Climate Targets
While COVID-19 will enable NL to meet a court mandate, the government wants to go further
Today is the national day of the Netherlands: Koningsdag, or King’s Day. This holiday is typically celebrated with enormous street parties and outdoor flea markets. Of course, the 2020 edition is different, with the government asking residents to stay indoors in a “Woningsdag,” or Home Day, to limit the spread of the coronavirus. In the …
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CONTINUE READINGIn Support of Public Health Federalism
Reactionary State Responses to COVID-19 (and Other Threats to Public Health) Don’t Mean Federalism Is For Suckers
For decades, “states’ rights” has been a rallying cry of the right wing. Most Americans are familiar with the dynamics that required the federalization of civil rights law, both in the 1860s and again in the 1960s, the protection of much of our nation’s federal lands, and the national crises that necessitated the federal government …
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CONTINUE READINGHere Today, Gone to Maui
U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case
This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund. In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …
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CONTINUE READINGFlint Five Years On
What has happened with Flint’s drinking water?
The history of environmental policy can well be told by place names. Love Canal – hazardous waste. Los Angeles – air quality. The Cuyahoga River – water quality. And, most recently, Flint – drinking water. The tragedy in Flint, Michigan, entered the 24/7 national news cycle five years ago, led President Obama to visit the …
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