General

Trump and Climate Change

There’s Nothing Good to Be Said About It

A Trump Presidency is a disaster for U.S. leadership on climate change. There’s no other way to spin this election.  Myron Ebell, the head of Trump’s EPA transition team, thinks that President Obama’s Clean Power Plan is illegal, the Paris Agreement unconstitutional and that climate change “is nothing to worry about.”  Though most of the …

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively …

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Confronting the “Emissions Gap”

Long-term thinking and short-term deficiencies in climate change mitigation

With the Paris Agreement now ratified by 86 countries, and entering into force this Friday, countries have defined their first targets—the first round of nationally determined contributions (NDCs). The United States has pledged to reduce GHG emissions 26-28% below 2005 levels by 2025. This initial round of NDCs is significant, but represents only a short timeframe and …

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The Steadily-Dying Sierra Nevadas

Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests

Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend.  As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …

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Of Initiative Wars, Plastic Bags and Poison Pills

Deciphering California’s (Intentionally) Confusing Plastic Bag Propositions

California’s longstanding efforts to eliminate single-use plastic bags from the marketplace and the environment have finally reached California voters. The November 8th general election ballot contains a breathtaking 17 separate propositions–16 proposed initiative measures and one referendum measure.   Propositions 65 and 67 both deal with the same subject–a proposed ban on single-use plastic bags.  Those dueling measures …

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Cutting HFCs under the Montreal Protocol — A few thoughts

Yup, international diplomacy is slow.  One year ago, at their last meeting, the parties to the Montreal Protocol decided to proceed with negotiating an amendment to the treaty to limit HFCs.  They negotiated that amendment in several sessions over the past year, and adopted it last Friday at the end of their 2016 meeting in …

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Celebrating California’s Climate Change Leadership

State Government Leaders From Both Parties Celebrate AB 32’s Tenth Anniversary

In stark contrast to a dysfunctional national government and an utterly dispiriting presidential campaign, Sacramento, California was today the site of an inspirational, bipartisan celebration.  Current California Governor Jerry Brown, a Democrat, and his predecessor, Republican Governor Arnold Schwarzenegger, joined past and present state legislative leaders to commemorate the 10th anniversary of California’s landmark Global Warming Solutions Act of 2006, better known as …

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The Impact of a Trump Presidency, in Tons of CO2

A Trump presidency would add 2.4 billion tons of CO2 to the atmosphere. At a minimum.

One of Trump’s pledges is to eliminate Obama’s Clean Power Plan.  That wouldn’t be quite as easy as he thinks, but there’s little doubt that he could do so.  So, how much difference would that make?  The answer turns out to be 2,470,000 tons of additional carbon emissions. That’s a bare minimum; the actual added …

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Energy Policies Worthy of Debate

Ten questions to ask Clinton and Trump about energy policy.

As we enter the brief debate season prior to the presidential elections, it is easy to anticipate that we won’t see much time set aside for discussing energy policy. That’s not the case for the graduate students in an energy policy class I am currently teaching at the Goldman School of Public Policy. Last week, …

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California Enacts Legislation Targeting Short-Lived Climate Pollutants

The statute codifies the goals set by the Governor and ARB

On Monday, Governor Brown signed SB 1383 into law, establishing statewide targets for reducing what are known as “short-lived climate pollutants,” which I have discussed in previous posts. The law requires a 40% reduction in both methane and hydrofluorocarbon gases (HFCs) below 2013 levels, and a 50% reduction in black carbon from 2013 level. Legislators …

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