General

Day In/Day Out, Our Continuing Troubles

Some things are episodic. Others just go on and on. And on.

You might think a massive disease outbreak or skyrocketing unemployment would make our other troubles come to a halt or at least slow down. But no, not so much. Here are a dozen examples of things that refuse to stop, regardless of the day of the week, the presence of an epidemic, or a collapsing …

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Networks of Misinformation

How Anti-Public Health Messages and Activities Spread

Like a virus, misinformation can spread within a population. It has its super-spreaders, just like the coronavirus. It can mutate in ways that make it more contagious. And it can be weaponized. Research into networks of coronavirus-related communication has revealed how both true and false information spread through social media .  Misinformation can spread like …

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Guest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision

Juliana litigation youth plaintiffs

Juliana Litigation Provides Clues for Establishing Standing in Future Cases

For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock …

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What Are The Benefits Of Phasing Out California’s Oil & Gas Production?

Emissions should decrease but multiple factors complicate any predictions

It might seem obvious that phasing out oil and gas production in California would benefit the climate. But the reality is much more complicated, in terms of emissions, economics and even geopolitics. CLEE just released the report Legal Grounds with policy options to reduce in-state production, but the question of how much a phase out …

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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 …

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Climate’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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A Solar Geoengineering Milestone Goes Largely Unnoticed

Testing marine cloud brightening equipment. Credit: Brendan Kelaher/Southern Cross University

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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The 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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Coastal 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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Roadmap 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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