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Guest Blogger Divya Rao: Confronting Reality: A Lack of Accountability at COP25
The Support of Toyota and Other Manufacturers for the Trump Administration’s Policy Rollbacks Shows the Need to Confront Corporate Decisionmaking on Energy and Climate
As Cara Horowitz and Idalmis Vaquero discussed in their blog posts, the true highlight of COP 25 has been the numerous youth and indigenous interventions, actions, and disruptions. After spending four days at the COP, I came away from the events surprised by the level of corporate visibility and greenwashing in the side events, but …
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CONTINUE READINGCOP25 in Context, or “How Bad is It?”
Reflections on Stopping Speeding Locomotives and Falling Off Cliffs
In my last post, I sketched a few of the many intense tensions and contradictions swirling around this year’s Conference of the Parties (COP25) to the UN Framework Convention on Climate Change (FCCC). In this post, I’ll try to make some sense of the biggest tension of all, one that folks working on climate are …
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CONTINUE READINGDisorientation, Rage, Despair – and Hope? The Contradictions of COP25
Personal Notes on the Conference of the Parties in Madrid
As you’ve seen from several recent posts (and more to come), the UCLA Law Emmett Institute has had an observer delegation – as we do every few years – at the 25th annual Conference of the Parties (COP25) to the Framework Convention on Climate Change (FCCC). I’ve been there with faculty colleagues Cara Horowitz and …
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CONTINUE READINGGuest Blogger Tom Callahan: The Fallacy of Climate Choice
Promoting Positive Climate Choices at Every Level of Decision-making
One of the undercurrents of the negotiations at COP 25 in Madrid is the lack of leadership from the United States government after the decision to pull out of the Paris Agreement. While the formal decision-making process here only involves nations that are party to the agreement, there are numerous NGOs, business groups and other …
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CONTINUE READINGClimate Change, Ozone Depletion, and the New York Times
The Montreal Protocol offers lessons for climate change, but not a role model
In an extended piece yesterday, The New York Times editorial board wrote that “The World Solved the Ozone Problem. It Can Solve Climate Change. The same tools that fixed the ozone hole — science, innovation and international action — can address.” Although the editorial was mostly correct, it missed what I believe to be the …
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CONTINUE READINGDeregulating Methane No Matter What
Emmett Institute faculty submit letter opposing Trump’s proposed rollback on methane regulations
Recently, my colleague Sean Hecht and I jointly submitted a comment letter opposing a new EPA Proposed Rule that would roll back standards limiting methane emissions from oil and natural gas production, processing, transmission, and storage facilities. This Proposed Rule essentially revokes two Obama-era regulations, finalized in 2012 and 2016, that first established these methane …
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CONTINUE READINGYouth Energy at Madrid COP
Report from the UCLA Law delegation
Along with my UCLA Law colleagues Ted Parson, Alex Wang, and Siyi Shen, I’m in Madrid with three intrepid law students for the annual conference of the major international treaty addressing climate change, the UN Framework Convention on Climate Change. As these conferences go, this iteration was expected to be pretty sleepy. The conference remains …
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CONTINUE READINGGreenhouse Gas Regulations Under the Clean Air Act Are Doomed
Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?
The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …
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CONTINUE READINGJust in From the Supreme Court
The Court refused to hear two cases, but with noteworthy separate opinions.
The Supreme Court declined to hear two cases today. Neither case was earthshaking, but conservative Justices wrote revealing separate opinions. The case with the greatest import for environmental law was Paul v. U.S. The facts of the case had nothing to do with environmental law, but the issue involved has large implications for environmental statutes. …
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CONTINUE READINGHolmes, Brandeis, and the ‘Great Ponds’ Debate
Some issues are perennial, like property rights v. public rights in water.
I suppose most of you, like me, have never heard of the Watuppa Ponds. But in 1888, a battle broke out over the legality of their use to supply drinking water for a nearby city. The issue closely divided Massachusetts’s highest court, and led to a heated debate in the recently launched Harvard Law Review …
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