General
Tribal Fishing/Environmental Justice Rights Prevail After Supreme Court Ruling
Justice Kennedy’s Recusal Proves Decisive in Preserving Tribes’ Legal Victory
Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals’ earlier decision in Washington v. United States “is affirmed by an equally divided Court.” The justices split 4-to-4 on …
Continue reading “Tribal Fishing/Environmental Justice Rights Prevail After Supreme Court Ruling”
CONTINUE READINGWhat Does Sports Gambling Have To Do With Environmental Law?
A Lot, Potentially, Following the Supreme Court’s Murphy v. NCAA Decision
Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events. Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public. So it’s no great surprise that …
Continue reading “What Does Sports Gambling Have To Do With Environmental Law?”
CONTINUE READINGCARB Seeks to Maintain Stringency of California’s Vehicle Standards
Emmett Institute submits public comment in support of CARB’s efforts
Back in the halcyon days of 2012 when EPA, NHTSA, California, and the automakers crafted a grand bargain to adopt national vehicle emission standards, California agreed that compliance with vehicle emission standards adopted at the federal level would be “deemed to comply” with California’s standards. Now, as it becomes clear that the federal government intends …
Continue reading “CARB Seeks to Maintain Stringency of California’s Vehicle Standards”
CONTINUE READINGPlastics and our Future
How to turn off the plastics spout?
Kudos to National Geographic for its stunner of an issue on plastics and the environmental harms they cause. As this latest report and many other recent stories make clear, we are drowning in plastics. Bits of plastic have been found in beer, in major brands of bottled water, in 75% of deep sea fish, in …
Continue reading “Plastics and our Future”
CONTINUE READINGCalifornia’s New Rooftop Solar Mandate
The California Energy Commission’s new mandate receives mixed reviews.
The recent decision of the California Energy Commission to require the inclusion of rooftop solar photovoltaics on most new homes has engendered praise from some quarters, and criticism from others. Some see this new policy as a positive force, helping to reduce the cost of solar and contribute to a reduction in greenhouse gas emissions. …
Continue reading “California’s New Rooftop Solar Mandate”
CONTINUE READINGAutomation Leads To Efficiency Gains But Job Losses At Southern California Port
Controversial issue to be discussed at upcoming UCLA conference on zero-emission freight at Southern California’s ports
Automation threatens to eliminate many manufacturing jobs around the world, as robots now perform factory line tasks that used to be done by humans. Now the technology is starting to be deployed through self-driving vehicles in places like ports, with similar results. It’s an issue we’ll discuss at the upcoming free UCLA/Berkeley Law conference on …
Continue reading “Automation Leads To Efficiency Gains But Job Losses At Southern California Port”
CONTINUE READINGCalifornia Supreme Court Ruling Represents Big Win for State Water Board–& California’s Environment
Justices Uphold Water Board’s “User Pays” Fee System Against Constitutional Attack
The California Supreme Court has handed the State Water Resources Control Board a major legal win, rejecting an industry challenge to the “user pays”-based system of funding the Board’s water pollution control system. In doing so, the Supreme Court has fended off yet another constitutional challenge to the manner in which environmental regulatory fees are …
CONTINUE READINGDisastrous Inequality
Puerto Rico was hit much harder than Houston. But help was much slower coming.
Texas and Puerto Rico both got hit very hard last year by major hurricanes. But the federal government moved a lot more quickly to get help to Texas. In a new paper, I document the difference and explore the reasons. Although I won’t go into all the details here, this is a situation people need …
Continue reading “Disastrous Inequality”
CONTINUE READINGThe Questionable Legal Basis of the “Transparency” Proposal
EPA seems unsure of the legal authority for its proposal — and for good reason.
“They sat at the Agency and said, ‘what can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?’” When he said those words, Scott Pruitt was talking about the Obama Administration. But it seems to be a pretty …
Continue reading “The Questionable Legal Basis of the “Transparency” Proposal”
CONTINUE READINGThe New EPA Plan To Roll Back Auto Emissions Standards and “Supersede” the California Waiver is Legally Indefensible
It is also terrible for the planet
The Los Angeles Times is reporting that EPA will propose to roll back greenhouse gas emissions standards for automobiles to 2020 levels. EPA will also claim that the California waiver is superseded by fuel economy standards issued by NHTSA and therefor is not valid, according to the report: Administration lawyers argue that the law gives …
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
