General
American Journal of International Law Publishes Symposium on Climate Change Localism
The online alter ego of the American Journal of International Law, AJIL Unbound, has just published its symposium on Climate Change Localism. The symposium explores the implications of subnational actors’ efforts to address climate change. The explosion of initiatives and declarations in recent years outside the federal government, ranging from state and local governments to …
CONTINUE READINGSupreme Court Stays Upcoming Juliana Trial
Chief Justice Roberts’ Order a Major Win for the Trump Administration
The presently-constituted U.S. Supreme Court doesn’t seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings …
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CONTINUE READINGThe Wild & Scenic Rivers Act Turns 50
Celebrating a Half Century of Protecting America’s Rivers–& Hoping for More River Conservation Ahead
1968 was an especially tumultuous year in modern American history. The nation endured the assassinations of both Martin Luther King, Jr. and Robert F. Kennedy; then-President Lyndon Johnson announced he would not seek reelection due to growing public dissatisfaction with the government’s conduct of the Vietnam War; and protests and riots consumed Chicago, Detroit, Washington, …
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CONTINUE READINGThe Elephant In The Atmosphere
The IPCC’s report rings alarm bells on climate change.
As many major news outlets have reported, the UN’s Intergovernmental Panel on Climate Change (“IPCC”) released a special report last Saturday detailing the harmful effects of global warming at 1.5 degrees Celsius above pre-industrial levels. This new threshold number is significant. The Paris Agreement on climate change aims to limit global warming to 2 degrees Celsius, …
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CONTINUE READINGTrump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California
Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …
CONTINUE READINGNegative Emissions Technologies in the New Report on Limiting Global Warming
The new Intergovernmental Panel on Climate Change report on 1.5°C warming relies heavily on negative emissions technologies.
Last week, I described how the scenarios expected to keep global warming within the 2°C target, which was internationally endorsed in the Paris Agreement, had to assume the use of negative emissions technologies at very large scales. The Intergovernmental Panel on Climate Change (IPCC), an international assessment body, downplayed this essential fact in its most recent major report, …
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CONTINUE READINGPretzel Logic
The bases for Trump Administration rulemakings contain some real head-scratchers.
The Trump Administration has been hard at work to roll back Obama-era administrative agency actions, and like many of my colleagues, I’ve been sifting through pages and pages of the administration’s bases for the about-face on a number of environmental regulations. As I’ve done so, a theme has emerged: these rule rollbacks and replacements often …
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CONTINUE READINGCalifornia Raises Its Ambition for a Low-Carbon Fuel Future
First in a Series About California’s Low Carbon Fuel Standard Program
[Post co-authored by Sean Hecht and Ted Parson] California’s Air Resources Board (CARB) has just enacted new regulations that strengthen the state’s Low Carbon Fuel Standard (LCFS). The LCFS is a major component of California’s greenhouse-gas control strategy, but receives surprisingly little attention, compared to other policies like the statewide cap-and-trade system and the renewable …
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CONTINUE READINGGuest Bloggers Jennifer Garlock and Michelle Melton: California Enacts Law to Reduce Greenhouse Gas Emissions from Ride-Hailing Companies
Governor Brown Signs SB 1014, Allowing Innovative Approaches to Emissions Reduction
As part of its broader efforts to tackle climate change, California has set its sights on a new, and fast-growing, source of greenhouse gas (GHG) emissions: ride-hailing companies like Uber and Lyft. On September 13, Governor Brown signed SB 1014, making California the first U.S. jurisdiction to require that ride-hailing companies—also known as transportation network …
CONTINUE READINGThe Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service
Post-Argument Panel at Georgetown Law Will Feature Advocates
Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case. I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …
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