General Archives - Page 8 of 85

General

Climate Change & the 1st GOP Debate

Mostly, they didn’t want to talk about the issue. They certainly didn’t want to talk about solutions.

Somewhat to my surprise, there was a question at the first GOP debate about climate change. The candidates’ pre-debates views, which the NY Times helpfully collected, provided insight into possible directions for GOP energy policy. It’s even possible that reality has started to make a dent into the party;’s reflexive climate denial. The climate question …

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State Air Regulations Can Go Above and Beyond National Standards

State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met.

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA) under the federal Clean Air …

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Montana “Youth Citizens” Win Landmark Climate Change Trial

Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies

A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials. In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies. The “youth citizen” …

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Is the Inflation Reduction Act Working?

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding.

Happy birthday to the Inflation Reduction Act. It’s been nearly a year since Democratic lawmakers and the White House celebrated the passage of the biggest climate spending legislation in American history. But in many ways passage was the easy part. Exactly how the IRA continues to be implemented at the local, state, and federal level …

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California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …

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Emergency? Part 5

Ending Deforestation

We give lots of lip service describing climate change as an emergency or existential threat. According to the Climate Emergency Declaration Organization, 2336 jurisdictions around the world have declared it to be an emergency, but we are not really acting like it. There are many possible emergency actions. I’m looking at 6 that could make …

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The Latest in the Mountain Valley Pipeline Case

The Supreme Court was right to overturn the lower court’s stay.

Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of …

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Emergency? Part 4

Focus on Methane

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Emergency? Part 3

Requiring Large-Scale Carbon Capture

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UCLA Clinic Submits Amicus Brief in Kern Oil Ordinance Case

Kern County’s efforts to increase drilling could jeopardize the survival of the Temblor legless lizard. The case demonstrates why environmental review must keep pace with emerging science and new information.

The UCLA Environmental Law Clinic has submitted an amicus brief in a case that challenges Kern County’s (the “County”) repeated efforts to streamline oil and gas development without proper regard for myriad environmental harms. The Clinic filed its amicus brief on behalf of Professor H. Bradley Shaffer, Ph. D., one of California’s leading experts on …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

General

Mostly, they didn’t want to talk about the issue. They certainly didn’t want to talk about solutions.

State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met.

Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding.

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Ending Deforestation

The Supreme Court was right to overturn the lower court’s stay.

Focus on Methane

Requiring Large-Scale Carbon Capture

Kern County’s efforts to increase drilling could jeopardize the survival of the Temblor legless lizard. The case demonstrates why environmental review must keep pace with emerging science and new information.

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.