General
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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CONTINUE READINGThe 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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CONTINUE READINGThe 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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CONTINUE READINGWhoops, 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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CONTINUE READINGUpdate 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 …
CONTINUE READINGTrump’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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CONTINUE READINGTSCA Update: EPA Selects First 10 Chemicals for Risk Evaluation
Asbestos included in first 10 chemicals EPA will evaluate for human and environmental risks under TSCA
Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA). These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years. If EPA finds …
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CONTINUE READINGEnvironmental Law under Trump: A Threat Assessment
Environmental law may face attack on many fronts during the Trump Administration. As we were all forcefully reminded last week, predictions are always uncertain. Trump’s own intentions are not yet clear, and there are many permutations that could affect the end result. Rather than trying to predict exactly what will or won’t happen, it may …
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CONTINUE READINGAll Eyes on the Subnationals
After the election of Trump, state and local leaders have to step up
As my colleague Ethan Elkind pointed out in a blog post the other day, the most viable path forward in the fight to slow (cause we’re kind of past the ability to prevent) climate change after the election of Donald Trump as President on Tuesday will be at the sub-federal level. As Ethan pointed out, …
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CONTINUE READINGWhat Does a Trump Presidency Portend for California’s Environmental Policies?
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …
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