General

Emergency? Part 2

Photo by Anders J on Unsplash

Renewable Siting and Transmission

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 NEPA Amendments in Nine Blog Posts

Surveying the legal problems of the biggest NEPA changes in the past fifty years.

On June 5, President Biden signed the debt ceiling bill, which provides the first significant rewrite of NEPA since it was passed over fifty years ago.  In a series of blog posts, I’ve explored some of the legal issues raised by the amendments. My goal has been highlighting problem areas rather than providing anything like …

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Can We Reach Net Zero without Carbon Markets and Offsets?

By presuming markets are the only option for developing and scaling new techniques and technologies we ignore the lessons of history.

The rapid spread of net zero targets in climate policy has been accompanied by a surge of interest in offsetting markets. In our market economies it is easy to presume that net targets will get delivered by offsetting residual emissions against carbon removals. But the Paris Agreement actually only specifies that global aggregate residual emissions …

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Emergency?

What If We Really Acted as if Climate Change is an Emergency

The world’s scientists warn of massive disruption to the planet in report after report. The leading edge of that disruption is already here. Wildfire in Canada, smoke in NYC, heat domes in Texas, massive heat in the Atlantic ocean are just some of this month’s news. We give lots of lip service describing climate change …

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Technology’s Role in Governing Sustainable Food Systems

Digitalization is altering how we understand the environment and act upon issues of sustainability.

This article is a summary of the third interview in a three-part interview series that explores how digitalization is reshaping environmental governance. I spoke with Sake Kruk who’s a Ph.D. researcher at the Environmental Policy Group at Wageningen University, Wageningen, Netherlands. His research examines how digital technologies are ushering in a new form of environmental …

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NEPA 2.0 and Transmission Projects

Will the new NEPA provisions speed approval of urgently needed projects?

In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …

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UCLA Clinic Submits Amicus Brief in Water Rate Design Case

A trial court decision invalidated the City of San Diego’s tiered water rates. This amicus brief by the Environmental Law Clinic on behalf of California Coastkeeper Alliance and Los Angeles Waterkeeper argues a reversal is needed to pursue conservation and equity.

Court challenges to the use of tiered water rates in California are threatening the state’s own water conservation and affordability goals. That’s what’s at stake in a case called Patz v. City of San Diego.   Climate change is intensifying California’s hydrologic variability and exacerbating the state’s water supply challenges. Dwindling water supplies have led …

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Community Benefits Agreements (CBAs) and Offshore Wind

Wind turbine installation in Colorado. Photo credit: Dennis Schroeder, NREL

Community Benefit Agreements (CBAs) can provide tools for California communities negotiating offshore wind development impacts

Offshore wind is one of many renewable industries taking off in California as the state accelerates infrastructure investment and development to meet its climate targets. The California Energy Commission has adopted planning goals of 2-5 GW of offshore wind (OSW) by 2030 and 25 GW by 2045. Other state goals include reducing greenhouse gas emissions …

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UCLA Law Clinic Files Amicus Brief Seeking Review of Decision in Berkeley Gas Case

Photo of a gas water heater

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. Berkeley case on behalf of seven law professors: our own William Boyd, Dan Farber and Sharon Jacobs at UC Berkeley, Jim Rossi at Vanderbilt, David Spence at UT Austin, Shelley Welton at UPenn, and Hannah Wiseman at Penn State. (The …

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California must move more quickly to decarbonize existing residential buildings

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

California has set ambitious climate goals, which include reducing state greenhouse gas (GHG) emissions 40 percent by 2030 and reducing GHGs 85 percent (and achieving statewide carbon neutrality) by 2045. Amongst all the sectors state leaders seek to address, existing buildings (which are responsible for over 10 percent of state emissions), and especially existing residential …

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