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General

Shark Fins, Federal Preemption & the Ninth Circuit–An Update

Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …

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Climate change and insurance

I’ve made this point before, but here’s a challenge for “climate skeptics.” The insurance industry is a competitive, profit-oriented industry. They should have little room for believing in the hoax of climate change: After all, if they did, then a smarter competitor wouldn’t bet on climate change and would clean their clock. And yet, in …

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More on the Two-Year Law School

Today, Berkeley and a number of other law schools offer specialized courses and activities in the environmental area. For instance, this year at Berkeley, we’re offering Biodiversity Law, Energy Project Development & Finance Class, Environmental Justice, Environmental Law Writing Seminar, Environmental Law and Policy, Land Use Law, and the Law of Hazardous Waste, along with a field placement program. Students can also …

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Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation

In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …

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Monitoring problems again

I’ve posted a lot on how important monitoring of environmental conditions is for environmental law, and how difficult it can be to do monitoring well. Here is another recent example from the news. After the Deepwater Horizon blowout, there was a lot of concern about how much oil was leaked into the Gulf of Mexico, …

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Food safety in China, or is that rat meat in my lamb?

I posted a short piece at Chinafile.org last week on China’s food safety challenges. The occasion for the post was the arrest of 63 people in China for selling fake lamb meat made of rat, fox, and other meats. The “conversation” includes comments/responses from Isabel Hilton (ChinaDialogue.net), John Balzano (BU Law), Alexa Oleson (formerly of …

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Readers: We Need Your Feedback

Dear Readers, We are engaged in an exciting process of redesigning Legal Planet. We would appreciate if you could lend a few minutes of your time to answer 15 simple questions about how you use the blog, what you enjoy, and changes you would like to see going forward. Please complete our short survey here. …

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Legal Planet Reaches A Million Visits

Thanks to our loyal readers, today we reached a million hits to our site. Since its inception in 2009 we’ve posted 2,226 posts (unless Dan’s already posted another one since I wrote this :)) on subjects ranging from climate change (of course) to New York’s soda ban to whether rain is a miracle. We’ve now …

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Legal Planet is selected as one of ABA’s Blawg 100: Vote online for Legal Planet for best “niche” blog

Each year, the editors of the American Bar Association’s ABA Journal selects the 100 best blogs by and for lawyers. This year, they selected Legal Planet as one of them, out of 3,500 eligible blogs. Now, blog readers get to vote for their favorites, and we’d love to have your vote. The journal editors categorize the …

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Welcoming a New Blogger

We’re pleased to welcome Alex Wang to Legal Planet. He is beginning a two-year term as a Visiting Assistant Professor at Berkeley Law School. Alex comes here following six years as a Senior Attorney and Director of the China Environmental Law Project for the Natural Resources Defense Council (NRDC). He worked on environment and energy …

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LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

General

TRENDING

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.