State and Local Governments’ Common Law-Based Lawsuits Against the Energy Industry Are Steadily Gaining Traction
The latest chapter in American climate change litigation has been launched by local governments–and one state–across the U.S. against domestic and international fossil fuel companies. These lawsuits have been brought under one of the oldest and most venerable legal doctrines–state common law. They seek compensation from the energy industry for the myriad, adverse effects of …CONTINUE READING
U.C. Davis Will Host Cutting-Edge Event on September 16-17, 2019
U.C. Davis’ Coastal and Marine Sciences Institute, in conjunction with the UCD School of Law’s California Environmental Law & Policy Center, will host an important and timely conference on September 16-17, 2019. “The Ocean’s Role in Sustainable Food Production” will offer an in-depth, interdisciplinary look at current scientific, economic, social, legal and governance issues surrounding …CONTINUE READING
Guest Blogger Divya Rao: Sen. Udall and Rep. Lowenthal Champion New Legislative Effort to Curb Plastic Waste Pollution
Comprehensive federal legislation on single-use plastics, from bags to straws, anticipated to drop in Fall 2019
This past January, I was one of two students who had the opportunity to travel to Washington D.C. with the Surfrider Foundation and UCLA’s Frank G. Wells Environmental Law Clinic to brief Congress on harms caused by marine plastic pollution and steps the federal government can take to combat the problem by reducing waste from …CONTINUE READING
A simple but powerful principle: courts and agencies should respect statutes.
Justice Stevens and the Rule of (Environmental) Law There’s already been a lot written in the aftermath of Justice Stevens’s death, including Ann Carlson’s excellent Legal Planet post last week. I’d like to add something about an aspect of his jurisprudence that had great relevance to environmental law: his belief in the rule of law, …CONTINUE READING
The California Coastal Commission is a state agency whose mission is to preserve and manage the state’s coast. Its decisions regarding planning and development implement core state policies and determine individual legal rights. Both the perception and the reality of a fair, just, and accessible process is crucial to maintaining public confidence in the Commission’s decision-making. In February …CONTINUE READING
Guest Bloggers Will Martin and Michael P. Vandenbergh: Can Private Environmental Governance Address Nationalism’s Threat To International Environmental Law?
As Some Nations Retreat From Internationalist Approaches to Transnational Environmental Challenges, Corporate Actions May Play a Larger Role
The withdrawal by Japan from the International Whaling Convention and its related Commission in December 2018 and the on-off threat by the new leader of Brazil to withdraw from the Paris Agreement on Climate Change are the latest signals that International Environmental Law (“IEL”) is under siege. The move by Japan and the possible withdrawal …CONTINUE READING
Florida’s GOP Governor proves unexpectedly pro-environmental.
There was little reason to expect much from Governor DeSantis. The GOP candidate for Governor was expected to be Adam Putnam, the Agriculture Commissioner. Instead, due to Trump’s personal intervention, Ron DeSantis snagged the nomination. DeSantis pledged to “reduce bureaucracy, eliminate unreasonable regulations and crack down on lawsuit abuse.” He called himself the #1 conservative …CONTINUE READING
Written in Collaboration with Camila Gonzalez*
Coastal communities are bracing themselves. Thirty years after the Exxon Valdez oil spill in Alaska, and almost nine years after the BP Deepwater Horizon rig explosion in the Gulf of Mexico, they are facing the threat of another catastrophic oil spill. The Trump Administration is paving the way. The Bureau of Ocean Energy Management will …CONTINUE READING
Guest Blogger Stephanie Oehler: California Legislators Propose Framework to Radically Reduce Plastic Waste
Senate Bill 54 would phase out non-recyclable plastics and require more source reduction and recycling by 2030
California may soon pass new legislation that would tackle a major contributing factor to global plastic pollution – single-use plastic packaging and products. While experts continue to push for comprehensive federal legislation on plastic waste, California’s actions could have widespread benefits. State residents consume large quantities of plastics and California is often an early adopter …CONTINUE READING
Despite state and local action, more effective reduction of single-use plastics must come from Congress.
Editor’s note: this article was originally published in The Regulatory Review on February 13, 2019. Plastic pollution appears to be arising ever more frequently in the news. Companies like Starbucks have announced voluntary steps to rid their stores of plastic straws. China is wielding its “National Sword” policy, which places restrictions on the amount and type of plastic waste it …CONTINUE READING