General
China’s 14th Five-Year Plan: A Missed Opportunity to Chart a Path to Carbon Neutrality?
Every five years China releases its blueprint for social and economic development and gives the world a preview of what’s to come. This year, on the heels of President Xi Jinping’s commitment to make China carbon neutral by 2060 and with the UN’s Conference of the Parties (COP 26) quickly approaching, expectations were particularly high …
CONTINUE READINGRecalculating the Cost of Climate Change
The Biden Administration has already started to revisit this important issue.
“The social cost of carbon” isn’t exactly a household phrase. It’s an estimate of the harm caused by emitting a ton of CO2 over the many decades it remains in the atmosphere. That’s an important factor in calculating the costs and benefits of climate regulations. For an arcane concept, it has certainly caused a lot …
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CONTINUE READINGConservative Judicial Activism Strikes Again
A wild-eyed misinterpretation of the commerce clause
A federal district judge ruled today that the federal government’s moratorium on evictions is unconstitutional. The judge’s theory is that evicting tenants for nonpayment of rent isn’t an “economic” activity. Therefore, it’s beyond Congress’s power under the Commerce Clause. I know that sounds nuts, but that actually it is what the judge said. The judge’s theory …
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CONTINUE READINGImplementing the “Biden Environmental Litigation Bounce-Back”
Encouraging Signals As To How Biden’s USDOJ Will Resolve Environmental Lawsuits Originally Brought Against the Trump Administration
The transition from the Trump Administration to the Biden Administration makes for fascinating spectator sport. President Biden’s first month in office reveals that he and his Administration are committed to undoing the widespread damage former President Trump and his minions engineered across so many policy and legal areas. The environment is a particularly prominent example. …
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CONTINUE READINGNew Report: Improving Access to Energy Data
Policy solutions to support the data needed for resilient decarbonization
Today, the Center for Law, Energy and the Environment (CLEE) at Berkeley Law and the Emmett Institute on Climate Change and the Environment at UCLA Law are releasing a new report, Data Access for a Decarbonized Grid, which highlights key policy solutions to expand access to the energy data needed to operate a fully decarbonized …
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CONTINUE READINGThe End of the Juliana Litigation–Or Is It?
Ninth Circuit Court of Appeals Denies Rehearing, But Landmark Climate Change Litigation’s Impact Will Endure
Last week, the U.S. Court of Appeals for the Ninth Circuit denied rehearing en banc in one of the nation’s most closely-watched climate change lawsuits: Juliana v. United States. But the legal and policy impact of this landmark litigation will endure. And the case itself may not be concluded. Juliana involves a novel legal argument: that …
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CONTINUE READINGLegal Planeteer Ann Carlson Joins Biden Administration
UCLA Environmental Law Professor Named NHTSA General Counsel
President Joe Biden has appointed UCLA environmental law professor–and frequent Legal Planet contributor–Ann Carlson to serve as General Counsel of the National Highway and Traffic Safety Administration (NHTSA). NHTSA, part of the U.S. Department of Administration (USDOT), plays a key regulatory role in charting federal transportation policy. Professor Carlson has anchored UCLA School of Law’s …
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CONTINUE READINGA Big Win for Climate Regulation
The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.
The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule. The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan. The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here. Briefly, here’s what the appeals court ruled and …
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CONTINUE READINGClimate Change, Big Energy & The U.S. Supreme Court–What Could Possibly Go Wrong?
BP v. Baltimore Is First Environmental Case To Come Before Newly-Reconstituted High Court
On Tuesday, the U.S. Supreme Court will hear oral arguments in its first environmental case of the 2020-21 Term. That case, BP PLC v. Mayor and City Council of Baltimore, involves an important, nationwide climate change litigation trend, and will provide the first indication of the post-Ginsburg Court’s attitude towards environmental law and litigation generally. The Baltimore case is …
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CONTINUE READINGThe California Supreme Court’s Most Important Environmental Law Decisions of 2020
It Was a Relatively Quiet Year for Environmental Law in the California Supreme Court
[This is the third and final installment in a series of posts highlighting the most significant environmental law decisions of 2020. Earlier this week, I profiled the key 2020 environmental rulings by the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit. This post concludes the series with an examination of …
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