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Renowned Scholar Jim Salzman to Join UCLA Law, UCSB Bren School Faculties
I am thrilled to share the news that Jim Salzman is moving west to join the faculties of the Bren School at UC Santa Barbara and UCLA School of Law. Jim is currently the Samuel Mordecai Professor at Duke Law School and Nicholas Institute Professor at Duke’s School of the Environment but is moving this summer to become …
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CONTINUE READINGZero Trash
Using the Clean Water Act to Control Marine Debris in California
This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from …
CONTINUE READINGHow to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors
A scandal at the California Public Utilities Commissions brings a questionable practice to light.
The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex …
CONTINUE READINGProperty Rights and California Raisins: Headed to the Supreme Court–Again
Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation
The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term. Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …
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CONTINUE READING2014: Happy Endings & Promising Starts
In most ways, 2014 was a good year for environmental protection, with progress on several fronts. True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants. And of course, there were losses as well as victories, …
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CONTINUE READINGAn Administrative Overreach?
The White House has proposed new guidelines on how to treat greenhouse gas emissions in environmental impact statements. Basically, the document recommends a quantitative analysis of carbon emissions whenever emissions exceed 25,000 tons per year. The proposal goes beyond a previous one in targeting resource projects such as coal mines as well as direct emissions. …
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CONTINUE READINGCan We Control Climate Change and Still Have Economic Growth? (Part II)
It’s all in the timing.
Yesterday’s post discussed economic growth and how it relates in principle to carbon emissions. Basically, economic growth just means that people will be getting goods and services they prefer over today’s goods and service. There’s no intrinsic reason why the “better” bundle necessarily has to involve more carbon. In fact, it could involve a lot less carbon. …
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CONTINUE READINGLooking Back at COP20: How Should We Feel?
The Lima Accord lets countries name their own price to address climate change. But that doesn’t mean it failed.
As you’ve probably heard by now, this year’s UN climate change conference has produced an agreement, the “Lima Accord.” The Accord invites each of the nearly 200 negotiating countries to develop an “intended nationally determined contribution” (INDC) to reduce its GHG emissions. INDCs represent some step forward from each country–in the words of the Accord, “a progression …
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CONTINUE READINGCan We Control Climate Change and Still Have Economic Growth? (Part I)
What do we mean by “economic growth”? Does it always mean more carbon?
The Washington Post recently had a column arguing that even climate advocates and scientists are in denial, for thinking that we can have economic growth and still fight climate change. is that true? It’s useful to take some time to think through what we mean by economic growth and how that relates to carbon emissions. …
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CONTINUE READINGOur Air is a Lot Cleaner and Prospects for Climate Action a Lot Brighter Thanks to Citizen Suits
Climate change, ozone and mercury rules all the result of citizen suits
Three sets of Obama Administration’s environmental rules are in the news these days: those on climate change, mercury and ozone. The President is being praised among environmentalists for his ambitious actions and lambasted by some business and Republican leaders for engaging in a “war on coal.” Yet lost among the clamor is one key …
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