General

What Are the Possible Outcomes in U.S. Supreme Court Greenhouse Gas Case?

Court likely to rule in favor of EPA

Next Monday, the U.S. Supreme Court will hear oral arguments in Utility Air Regulatory Group (UTAG) v. EPA.  I’ve previously described what is at stake in the case here and here and, in the interest of full disclosure, helped author a brief in support of EPA’s position.   The oral arguments might begin to reveal how …

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Peering Behind OIRA’s Veil of Secrecy

OIRA is staffed by under-trained, over-worked short-termers.

OIRA is an agency whose functions are as mysterious to most people as its name.  It doesn’t help much to learn that OIRA stands for Office of Information and Regulatory Affairs.  The phrase “regulatory czars” is more informative.  OIRA runs the federal government’s regulatory process.  Although agencies like EPA are required to have a lot …

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Berkeley Law Amicus Brief Highlights Benefits of Transit-Oriented Development

Smart growth alternatives would help end the vicious cycle of highway expansion and housing sprawl in San Diego region

Berkeley Law’s Center for Law, Energy & the Environment (CLEE) filed an amicus brief last week in a California Court of Appeal case with far-reaching implications for development, transportation, and California’s climate goals. The case, Cleveland National Forest Foundation v. San Diego Association of Governments (SANDAG), challenges the State’s first Regional Transportation Plan/Sustainable Communities Strategy …

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Protecting Marine “Wilderness”

A new study shows how to strengthen marine preserves.

The Bush Administration is not remembered fondly by environmentalists, but one important exception came at the beginning of 2009.  That’s when President Bush created an additional 195,000 square miles of marine reserves, on top of the 140,000 miles he had created previously.  Such marine reserves are not unique to the United States, of course.  Yet, …

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A Bridge Made of Natural Gas Is a Shaky Thing

When will we start to manage our natural gas resources?

For the last half century, domestic natural gas policy has looked something like this: Natural gas is the cleanest of the fossil fuels. It is versatile and economical. So, let’s pull it out of the ground and use it as fast as we can. In the last decade, the policy has been appended to include …

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Keystone Nation: Mapping the Politics of the Pipeline

Keystone XL would run through a column of Red States and depopulating counties.

Looking at three maps sheds some interesting light on the the politics of the Keystone XL pipeline. The pipeline’s geography resonates in an interesting way with political and demographic geography.  We can start with two maps that show the proposed route (on the left) and the dates in which counties reached their peak populations. You …

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Emmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District

UCLA’s Emmett Center filed an amicus curiae brief yesterday  in Utility Air Regulatory Group (UARG)  v. EPA, the U.S. Supreme Court case that will determine whether EPA’s greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid.   Arguing on behalf of the South Coast Air Quality …

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Ten Energy Stories to Watch in 2014

What will shake the energy world this year?

In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …

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U.C. Davis’ “ESA at 40” Conference Now Available for Online Viewing

The federal Endangered Species Act turned 40 this past weekend. On December 28, 1973, then-President Richard Nixon signed into law what has proven to be the nation’s most controversial environmental law. So it’s an especially appropriate time to alert Legal Planet readers that a major, recent conference on the ESA sponsored by the U.C. Davis …

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Celebrating A Half Century of Federal Environmental Law!

Later in this year, we will celebrate the fiftieth anniversary of the first modern environmental statutes, the Wilderness Act of 1964.  NEPA followed five years later and then in quick succession came the creation of EPA, a slew of laws regulating pollution and toxics, the Endangered Species Act, and reforms of public lands laws. It’s …

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