General

Scott Pruitt, Senator Harris and the California Question

California leadership in peril?

Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases).  But his response to …

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Betting on Batteries

Was the Aliso Canyon leak a blessing in disguise?

As reported on the front page of today’s New York Times, 2016 was the third straight year to set a record for highest temperature, the first time the Earth has seen three record-setting years in a row since WWII (1939, 1940, and 1941 each set records, but now 1941 only ranks as the 37th hottest year). …

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The Owls in the Vineyard

It’s smart to take precautions against climate change. More can be done, even in the Trump era.

At night, you can hear the hooting of owls in the vineyard.   The owners have deployed owls and falcons to control the pests that threaten the Kendall Jackson vineyards due to milder winters.  But birds of prey aren’t the only things flying above the vineyard.  There are also drones, which are used to observe small differences …

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Bears Ears: A Monumental End to the Obama Era

Will the Antiquities Act survive the new administration?

With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …

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Rex Tillerson Disappoints

The nominee gave vague, canned answers on climate change

Today’s confirmation hearing of Rex Tillerson, Trump’s nominee for Secretary of State, has concluded. During the day, there were two impassioned exchanges about climate change, during which Tillerson revealed how naive environmentalists were that he might be able to sway Trump on the issue. First, Senator Tim Kaine (our almost-VP) excoriated Tillerson on ExxonMobil’s record …

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The Ninth Circuit’s Top Environmental Law Decisions of 2016

Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket

In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law.  That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …

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The California Supreme Court’s Top Environmental Law Decisions of 2016

CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court’s Environmental Docket

While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court.  To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues …

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Whoops, We Almost Forgot to Ask You For Money!

In otherwise grim times, Berkeley & UCLA are supporting California’s forward environmental progress.

Unlike a lot of blogs, we don’t plague you with requests for money.  But it’s that time of year And this is your last chance for a deductible 2016 gift to support positive change in a really negative time for our country. Legal Planet is a joint product of the Berkeley’s Center for Law, Energy, …

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Update on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants

UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts

Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last …

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Trump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy

The Media Need to Take Trump’s Advisors, and Their Policy Proposals, More Seriously Than They Take Trump’s Off-the-Cuff Comments

The media need to get their act together when they report and editorialize about President-elect Donald Trump’s public statements.  Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates’ rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed …

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