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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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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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CONTINUE READINGTrump 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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CONTINUE READINGTahoe 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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CONTINUE READINGConfronting 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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