Litigation
Clean Ports Program Moves Ahead — A Little
A few days ago, District Judge Christina Snyder issued her 57-page ruling in American Trucking Ass’n v. City of Los Angeles, the trade association’s challenge to the city’s clean ports program. The ruling gave the city a crucial victory, and it has more than local significance: if its reasoning is accepted, it could lead to …
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CONTINUE READINGThe SG Brief in Connecticut v. AEP: WORSE than you think
Okay, so it’s bad enough that the Obama Administration has decided to unilaterally disarm itself in the struggle against climate change. For you law geeks out there (and you know who you are), the SG has gone even further to make these suits impossible in the future. It does this by arguing that the state attorneys …
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CONTINUE READINGObama Sides With the Polluters
This is pretty self-explanatory: The Obama administration has urged the Supreme Court to toss out an appeals court decision that would allow lawsuits against major emitters for their contributions to global warming, stunning environmentalists who see the case as a powerful prod on climate change. Read the whole thing. It’s hard for me to tell …
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CONTINUE READINGNinth Circuit upholds steelhead listing
Salmonids present a challenge for Endangered Species Act implementation, because they aren’t neatly divided into completely separate reproductive units, the way we expect species to be. Conservation advocates have long argued that behavior should be as important in genetics in deciding which salmonid groups merit protection. The National Marine Fisheries Service and U.S. Fish and …
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CONTINUE READINGWhat will Obama do about Connecticut v. AEP?
I just got a call from the managing editor of Carbon Control News, which seems to be a pretty informative and useful web-based publication. His question: why hasn’t the Tennessee Valley Authority joined the rest of the utilities in asking the Supreme Court to grant certiorari in Connecticut v. AEP, the federal common law public …
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CONTINUE READINGCalifornia’s Proposition 8 overturned – victory for gay marriage, and example of the impact of law school-based policy research
Perhaps everything in the world might be related in some way to climate change. Perhaps not. I’m having a hard time seeing how this topic in particular relates to climate change. But it does relate to our blog, in that the decision illustrates well the importance and relevance of law school-based academic research centers — …
CONTINUE READINGJudge orders changes in ballot language for Proposition 23, which would suspend California’s greenhouse gas emissions law
Today, a judge ruled that the state must change the “title and summary” ballot language for Proposition 23, the oil-company-funded proposition that would suspend California’s landmark greenhouse gas emissions law AB 32. (My colleague Ann Carlson wrote about this initiative campaign earlier this summer.) Proposition 23 would render the law unenforceable until California’s unemployment rate …
CONTINUE READINGIs the Western Climate Initiative Constitutional?
Brad Plumer in The New Republic rightfully celebrates the emergence of the Western Climate Initiative, which establishes a cap-and-trade system among several US states and three of the most important Canadian provinces: British Columbia, Ontario, and Quebec. “Cap-and-trade is coming to the United States,” he notes, “and there is nothing that the Senate can do …
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CONTINUE READINGEPA stands by endangerment finding
EPA today issued its response to the 10 petitions that have been filed asking it to reconsider its December 2009 determination that greenhouse gas emissions cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare. To no one’s surprise, the agency is standing by its earlier finding. As …
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CONTINUE READINGSenate Fails to Act So What’s New in the World of Geoengineering?
With the depressing news that the Senate will not go forward on a climate bill, I thought it worth revisiting a question I posed a year and a half ago: is geoengineering inevitable? If we assume that U.S. leadership is crucial to cutting greenhouse gas emissions by 80 percent over the next forty years, and …
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