General
Court Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California
Federal Government’s Constitutional Challenge to California’s Linked GHG Reduction Plan Fails
Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration’s policy initiatives on multiple fronts, including the environment, immigration policy and health care. Over 40 of California’s lawsuits have targeted the Administration’s efforts to roll back longstanding federal environmental protection, natural resource management …
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CONTINUE READINGInequality and the Coronavirus
Everyone is at risk, but some more than others.
It’s a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster. There are aspects of the coronavirus pandemic that fit this mold. Here are some of the disparities we can expect to see. Rural v. Urban. Much of our economic growth and job opportunity …
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CONTINUE READINGIs a Pandemic a Major Disaster?
Cuomo has asked for major disaster relief. But there’s a serious legal hurdle to that.
Yesterday, I wrote about presidential powers in a pandemic. I mentioned the possibility of declaring the pandemic a major disaster under the Stafford Act. Today, we learned that Gov. Cuomo of New York has made such a request. [Note: two days after this was written, FEMA granted the request.] What does the law have to …
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CONTINUE READINGEurope Mulls its First Climate Law
What would it do in terms of emissions targets and likely actual mitigation?
The European Union is, if one treats it as a country, the world’s third greatest emitter of greenhouse gases (GHGs). It has also been a leader in emissions reduction (“mitigation”), and its per capita emissions are merely 43% of the US’s. The EU government is presently considering a major new climate law that will set …
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CONTINUE READINGCalifornia’s governance innovation for groundwater sustainability
by Anita Milman and Michael Kiparsky
For the past several years, California’s Sustainable Groundwater Management Act has been the talk, not only of the town and of the state, but also of the national and international groundwater and environmental policy community. What’s the big deal? SGMA fundamentally changes groundwater management in California – a big deal to be sure. Equally important, …
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CONTINUE READINGUnderstanding wastewater utility views on innovation and regulation
by Luke Sherman, Alida Cantor, Anita Milman, and Michael Kiparsky
The same underlying technology has been used in the municipal wastewater sector for 100 years. New technologies that treat effluent more efficiently and effectively exist, yet deployment of those technologies has been slow. The limited adoption of new technologies in the wastewater sector raises questions about how to encourage innovation. Popular narratives around innovation sometimes …
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CONTINUE READINGVirus Denial
Yet another effort to ignore reality, from the usual players.
We’ve seen this movie before. Scientists warn of a serious threat. But in Trump World, the problem doesn’t exist. It’s just a product of alarmism. First, climate change. Now, the coronavirus, COVID-19. Trump himself has worked hard to minimize the problem. “We have very few people with it,” he said, and ” people are getting …
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CONTINUE READINGClimate Change and Political Action
Do the Fires in Australia Change Anything?
“I want people to unite behind the science . . . I’m not the one who’s saying these things. I’m not the one who we should be listening to. And I say that all the time. I say we need to listen to the scientists.” –Greta Thunberg, September 11, 2019 “Look, scientists also have a …
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CONTINUE READINGJuliana and the Future of Climate Litigation
Asking judges to pass judgment on all U.S. energy policy was a bridge too far.
The Ninth Circuit threw out the Juliana litigation this morning. The two judges in the majority basically said, legalistic language, that you can’t get the Green New Deal by court order. It was wrong for the Supreme Court to step in at the last minute to put the trial on hold, rather than giving the …
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CONTINUE READINGNew California Report on State Climate Policies Released
Independent Emissions Market Advisory Committee Recommends Focus on Transportation, Affordability, Allowance Banking, Allowance Supply and the Effects of Overlapping Policies in the Regional Electricity Market
The California Independent Emissions Market Advisory Committee released its annual report yesterday making recommendations about California climate policy. I serve as the Vice Chair of the committee and as the Speaker of the Assembly’s appointee. Our report makes five recommendations: that the state focus on the affordability of its carbon policies, with special concern about …
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