Land Use

The Long Life and Sudden Demise of Federal Wetlands Protection

Here’s a timeline of events.

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. United States.  It is only when you look back at the history of federal wetland regulation that you realize just …

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Climate Justice, Climate Finance and Pragmatism for Tropical Jurisdictions at COP28

Exploring the urgency of subnational climate action: insights from COP28 on financing tropical forest conservation, indigenous empowerment, and sustainable livelihoods by the Governors’ Climate and Forests Task Force network.

The Governors’ Climate and Forests Task Force (GCF Task Force) engaged in the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Dubai, marking a pivotal moment in the global climate dialogue. This significant international forum serves as a crucial platform where nations, subnational entities, and …

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The U.S. Supreme Court & Environmental Law in 2024

Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year

As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year.  It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …

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Food and Farming Makes the Menu at UN Climate Talks

Guest contributor Antonia Moure Richard of UCLA Law reports that regenerative agriculture was a big focus of COP28, but industrial farming was largely ignored.

At the United Nations climate conference known as COP28, it was easy to come to the realization that we must confront every aspect of the climate crisis, and we must do it right now. That includes transforming our food systems. Agriculture has historically been left out of the conversation at COP. That changed this year …

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Addressing Corruption In Electric Vehicle Battery Supply Chains

New CLEE/NRGI issue brief offers solutions

In the race to scale up a global supply chain for electric vehicle batteries, mining justice advocates have sought to ensure that the ongoing clean technology minerals boom does not exacerbate longstanding negative impacts from the global mining industry. Chief among these are corruption risks. To provide guidance to electric vehicle purchasers (particularly fleets), advocates, …

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Recharge net metering (ReNeM) provides win-win-win for groundwater agency, landowners, & sustainable groundwater management

Nature Water publication showcases the economics of a novel groundwater recharge incentive structure

By Molly Bruce, Luke Sherman, Ellen Bruno, Andrew T. Fisher, & Michael Kiparsky An insidious issue has been growing along the Central Coast and throughout the state of California for decades: groundwater overdraft. In response to this growing threat and 2014 legislation designed to put an end to chronic overdraft, many basins have identified managed …

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A(nother) California “Regulatory Takings” Case Heads to the Supreme Court

Newly-accepted case pits private property rights against government land use authority

The U.S. Supreme Court has agreed to hear and decide an important “regulatory takings” case from California that has major implications for federal, state and local governments nationwide.  The case is Sheetz v. County of El Dorado, Docket No. 22-1074. Even before the justices granted review in the Sheetz case last Friday, the Court’s 2023-24 …

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The Not-So-Good News About Carbon Offsets

Recent studies show the significant limits to some carbon offsets. What’s that mean for tropical forest jurisdictions?

In case you missed it: there’s some good news about Amazon deforestation continuing to plunge. Jason Gray and I spoke recently about why tropical deforestation is down in Brazil, Colombia, and Indonesia.  That’s good news because deforestation of tropical forests is a huge source of greenhouse gas emissions. The World Resources Institute’s Forest Pulse report …

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Amazon Deforestation is Down. Here’s Why.

Elections, new government policies at the national and sub-national level, increased law enforcement, and technological advancements have contributed to climate gains in Brazil, Ecuador and beyond.

For several years, headlines about Amazon deforestation have all been bad. But in 2023 the script has been flipped and the good news keeps on coming. Good news in Brazil where deforestation in the Amazon declined 66.1 percent compared to last August. It’s the lowest level for the month of August since 2018 and it …

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Governor Newsom’s CEQA Bills Could Be a Modest Step in the Wrong Direction

Governor Newsom’s CEQA trailer bills probably won’t do much. But his heavy-handed rhetoric foreshadows a larger anti-CEQA push that should worry communities that rely on California’s premier public participation statute.

Speaking to Ezra Klein in late June, Governor Gavin Newsom hearkened back to the California of the 1950s and 1960s: “People are losing trust and confidence in our ability to build big things. People look at me all the time and ask, ‘What the hell happened to the California of the ‘50s and ‘60s?’” Governor …

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