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More NYC Oil
Second Circuit Creates Climate Change Preemption
A quick follow-up to Dan Farber’s post this morning regarding the Second Circuit ruling in City of New York v. Chevron. I represented the State of California in the 2011 case, AEP v. Connecticut, in which the U.S. Supreme Court ruled that federal common law applied to interstate climate change pollution (emissions of greenhouse gases), …
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CONTINUE READINGSolar Geoengineering and Public Engagement Trolling
A first test of a long-planned outdoor solar geoengineering experiment has been delayed–again. Why?
It has been a busy week in solar geoengineering. Last week, the US National Academies released a report that offers recommendations for a research program and for governance of research. (A few of us will post our thoughts on the report here soon.) Here I discuss developments regarding outdoor solar geoengineering experiments, of which there have …
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CONTINUE READINGA Preview: Major Property Rights Case Currently Before U.S. Supreme Court
Decision in Cedar Point Nursery Could Imperil Key Health, Safety & Environmental Programs
On Monday, the U.S. Supreme Court will hear oral arguments in a major property rights case from California: Cedar Point Nursery v. Hassid. That litigation arises in a labor law context. But, depending on how the Court rules, the case could have major, deleterious impacts on a wide array of health, safety and environmental programs. …
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CONTINUE READINGThe Kolbert Report
Elizabeth Kolbert’s new book asks what it means to protect nature in the Anthropocene.
Elizabeth Kolbert’s new book, Under a White Sky, opens with the story of the battle to keep invasive Asian carp out of the Great Lakes. The problem exists because of two earlier interventions with nature. A century ago, we reversed the flow of the Chicago river to keep the city’s pollutants out of Lake Michigan …
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CONTINUE READINGDeconstructing the Supreme Court’s First Environmental Law Decision of the Year (Sort Of)…
…And Newly-Arrived Justice Barrett’s First Majority Opinion
Earlier this month, the U.S. Supreme Court issued its first environmental law-related decision of its current Term–U.S. Fish and Wildlife Service v. Sierra Club. I say “environmental law-related” because the heart of the case concerns whether certain federal government documents are disclosable to the public under the Freedom of Information Act (FOIA). But the case …
CONTINUE READING“NIABYs” Obstruct Important Climate Change Research
Some activists say “not in my backyard,” but strident opponents of solar geoengineering argue “not in anyone’s backyard.”
A peculiar type of activism is manifesting with regard to solar geoengineering. This proposed set of technologies to reduce climate change has been subject to only a few outdoor experiments. One has been in the pipeline for almost a decade: The Stratospheric Controlled Perturbation Experiment (SCoPEx) would involve the launch of a balloon into the …
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CONTINUE READINGChina’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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