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Yes, It’s That Time of Year Again

If you read Legal Planet, you know why the work we do matters.

Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we only do them twice a year.  But there couldn’t be a more important time for the work we do, given the urgency of the climate crisis and the ongoing policy disaster in D.C. Yes, we’re in the middle of a pandemic and …

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders

California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against …

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On This Date in History: Property Rights Won Big in the Supreme Court

June 29, 1992 was a great day for property rights advocates. But what came later wasn’t so good.

On this date in 1992, the property rights movement achieved its greatest victory in the form of the Supreme Court’s Lucas ruling. The campaign to protect property rights seemed to have huge momentum.  But things didn’t work out that way. For property rights advocates, Lucas turned out to be a false dawn. Mr. Lucas owned …

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Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers

U.S. Court of Appeals Rules Unconstitutional Trump Administration’s Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction

Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense.  The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined …

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A small bit of good news for the role of science and expertise

EPA decides not to appeal court ruling vacating directive excluding agency grantees from advisory boards

There’s not much good news about US environmental governance (or, really, US governance at all) these days. So it seems worth noting when even a small morsel shows up. Today, EPA announced that it will not appeal a decision from the District Court for the Southern District of New York vacating a 2017 agency directive …

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A New Report on Governing Climate Geoengineering

I suggest steps toward global governance of carbon dioxide removal and solar geoengineering

A new report on the governance of climate geoengineering — that is, carbon dioxide removal (CDR) and solar geoengineering (or solar radiation modification, SRM) — has been released. International Governance Issues on Climate Engineering: Information for Policymakers was coordinated and issued by the International Risk Governance Center, edited by IRGC’s Marie-Valentine Florin, and commissioned by the …

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Deja Vu All Over Again

There’s a new GOP Platform, same as the old one.

It appears that the GOP won’t have a new platform this year. Instead, they’re going to stick with their 2016 platform. You could see that as steadfastness or a lack of new ideas. In the environmental arena, 2016 is still where the GOP is stuck today, celebrating fossil fuels and rejecting climate action. Here are …

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Surprise! Major Land Conservation Bill Poised to Pass Congress

Republican-Led Senate Prepared to Preserve Public Lands–and Political Careers?

Over the past decade, we’ve become resigned to the sad fact of congressional gridlock: a hopelessly partisan and paralyzed Congress, seemingly unable to pass major legislation on the environmental protection, natural resource conservation or, indeed, any number of other policy fronts. So it has to come as a  shock to most observers that this week …

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(Still More) Bad News on the Doorstep

New Reports Document Accelerating Wildlife Extinctions, Global Deforestation Trends

While public attention in recent weeks and months has understandably focused on the COVID-19 pandemic and the racial justice shockwaves triggered by George Floyd’s tragic death, another disaster continues apace. This week the New York Times published two alarming stories documenting the accelerating decline of our global environment.  The first, entitled “Extinctions Are Accelerating, Threatening …

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We All Have a Role in This Fight

Those who fight for the environment must fight for racial justice, as well.

All people have a moral obligation to express outrage about the disgraceful violence against African Americans and about the systemic racism that feeds it. Even more so if one considers oneself to be an environmentalist. A key component of an ecological perspective is an understanding of the interconnection of all living things. Violence against some …

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