General
The Anthropocene and private law
Areas such as torts and property will face significant challenges
I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior. In this post, I want to spin out some of the implications of …
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CONTINUE READINGThe Anthropocene and the legal system
Responding to the Anthropocene will produce pressure for substantial changes in our legal system
In my prior two posts, I discussed how humans are increasingly impairing natural systems on a global scale, and how those impairments of natural systems will have major negative impacts on human societies. How will these changes affect the legal system? The first important point in answering that question is that many of the changes …
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CONTINUE READINGThe science of the Anthropocene
Human impacts on global natural systems are large and diverse
Climate change is well known now as a major impact of humans on the planet. But climate change is only one of a wide range of ways in which humans are dramatically changing natural systems at the regional, continental and planetary levels. For instance, greenhouse gas emissions are the driver of anthropogenic climate change. But …
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CONTINUE READINGLaw in the Anthropocene Era
Human impacts on our planet will trigger changes in our legal system
As becomes more and more evident every day, climate change is increasingly a dominant and sometimes devastating factor for human society and natural systems on a global scale. Much has been, and will continue to be, written about how we as a society can reduce the future impacts of climate change and adapt to the …
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CONTINUE READINGWhere the Wild Things Are
For endangered species, don’t think Alaska or Montana. Think Hawaii and California. And Alabama.
When we think about preserving nature in the United States, we tend to think of the country’s great wilderness areas in places like Alaska and the Rockies. We don’t think about Alabama or Puerto Rico, for instance. But in terms of biodiversity protection, this is almost the opposite of the truth. By and large, the …
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CONTINUE READINGThe Ninth Circuit Court of Appeals’ Most Important Environmental Law Decisions of 2017
Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket
Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit …
CONTINUE READINGThe California Supreme Court’s Most Important Environmental Law Decisions of 2017
CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket
As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its …
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CONTINUE READINGTruth Will Out.
At least 3 times, the Administration has admitted the reality and dangers of climate change.
Despite all the efforts at disinformation, the Trump Administration has let the truth slip out. On four occasions, the Administration has issued or signed warnings about climate change. One is an act of Congress. I’ll begin with the most recent and most significant example. Last Tuesday, Trump signed the Defense Authorization Act, HR 1810. The …
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CONTINUE READINGCalifornia Doubles Down on Its Commitment to Reduce State Greenhouse Gas Emissions
California Air Resources Board Adopts New, Landmark Climate Change Scoping Plan
California’s Air Resources Board (CARB) has adopted a new 2017 Climate Change Scoping Plan, which is designed to extend and expand upon the state’s longstanding commitment to reduce California’s aggregate greenhouse gas (GHG) emissions. This is a landmark achievement, one that moves California further down the road to a sustainable environment and economy. A bit …
CONTINUE READINGThe Federal Government Has *Always* Shaped the Energy System
Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.
To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I. Ever since then, the federal government has been actively …
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