General
Zinke’s Report Recommends Downsizing or Loosening Restrictions in 10 National Monuments
Report Lacks Details on Boundaries but Recommends Management Changes to Permit Wider Range of Uses
Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had been reported last month. The Post released a leaked copy of Zinke’s recommendations that were submitted to President Trump on August …
CONTINUE READINGEnvironmental Protection and the Rule of Law
A Report from the Second Inter-American Congress on Environmental Rule of Law
I am back from attending the Second Inter-American Congress on Environmental Rule of Law, hosted by the Supreme Court of Chile in Santiago and planned by the Organization of American States, UN Environment, IUCN World Commission on Environmental Law, and other partners. For the past five years since the 2012 Rio+20 conference (20 years after the …
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CONTINUE READINGState of Play: Trump v. the Environment
Here’s a roadmap to what he’s done — and how things will probably unfold.
How has Trump impacted environmental law? What’s going to happen next? CLEE has issued a new report assessing the state of play in environmental law seven months of the Trump presidency. The report, 200 Days & Counting, reviews the Administration’s environmental proposals and offers a glimpse into what may be coming down the pike. The report focuses …
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CONTINUE READINGGuest Bloggers Rob Verchick and Matt Shudtz: Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case
Professors Argue Fifth Circuit Decision Upsets Federal/State Court Balance, Will Prevent States from Relying on Their Own Laws to Protect Important Natural Resources
Last month, more than two dozen law professors from around the country filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas …
CONTINUE READINGOur Broken Flood Insurance System
It’s not just Houston. The National Flood Insurance Program is also underwater.
When people have gotten past the emergency of Hurricane Harvey, thoughts will turn to rebuilding. That requires money. Some of it may come in direct grants from the federal government, but flood insurance is the core source of funding for many people. Private insurance policies generally exclude flooding, so the main source is the National …
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CONTINUE READINGHigh Time to Fix California’s Affordable Housing Crisis
California Political Leaders Announce Historic Housing Accord
The Sacramento Bee reports that California Governor Jerry Brown and the Democratic leaders of the State Senate and Assembly have reached an 11th-hour agreement to address California’s chronic, steadily growing affordable housing crisis. (The California Legislature’s 2017 session concludes in mid-September.) That’s good news indeed–and a most welcome (if overdue) proposed fix to one of …
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CONTINUE READINGThe Trump Administration’s Arbitrary Review of National Monuments
Zinke’s review has been anything but transparent
Last Thursday, Secretary Zinke submitted a report to President Trump, recommending changes to national monuments. Although Trump’s Executive Order in April called for a “final report” within 120 days–the deadline was Thursday–the Interior Department’s press release called the report a “draft.” And as Holly Doremus explained on this blog, it has still not been made …
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CONTINUE READINGHouston’s Shockingly Poor Flood Control System
Houston failed to learn a key lesson from Katrina about the need to prepare for catastrophic flooding.
The torrential rain in Houston would have caused bad flooding no matter what. There’s no question about that. But it’s also true that Houston’s flood control efforts have been badly managed. Houston failed to learn a key lesson from Katrina: the most important disaster response is done years in advance through risk mitigation. Not only …
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CONTINUE READINGContinuing Efforts to Put a Price on Carbon
New York regulators and transmission operators consider a carbon adder for wholesale electricity.
The New York Independent System Operator (NYISO) operates the state’s electric grid and conducts wholesale power markets. The New York Department of Public Service regulates the state’s investor-owned electricity providers. Together, they have issued a report concluding that the state, ratepayers, and the environment would benefit from placing a charge on wholesale electric power to …
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CONTINUE READINGCenter for Ocean Solutions Releases Consensus Statement and Report on the Public Trust Doctrine, Sea Level Rise, and Coastal Land Use in California
Report Analyzes State Public Trust Responsibilities on the Coastline, Coincides With Coastal Commission Staff’s Release of Draft Residential Adaptation Policy Guidance
UPDATE (September 1, 2017): The statement’s drafters have provided a link (shared at the end of the post) for California attorneys who wish to sign on to the statement discussed here. Last month, a group of public trust and coastal land use experts, working under the auspices of the Center for Ocean Solutions, released two …
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