Politics

Climate Negotiations Start in Poland: Setting the Stage

Much at Stake in COP-24, Including Negotiation of Paris Rulebook to Implement 2015 Commitments

This week and next, negotiators are meeting in Poland for the big annual international climate-change meeting. This meeting, formally, is the 24th Conference of the Parties to the UN Framework Convention on Climate Change, the 1992 treaty that provides the foundation for all official international action on climate change, and informally is called “COP-24.” It …

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Major Legislation Reintroduced To Limit Local Restrictions On Housing Near Transit

State Sen. Scott Wiener takes another stab at solving California’s severe housing shortage

Last year, State Senator Scott Wiener (D-San Francisco) went right to the heart of California’s massive housing shortage in its job-rich centers with SB 827, which would have limited local restrictions on housing near transit. The bill went down in committee, a victim of election year politics and diverse opposition from wealthy homeowners, tenants rights …

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Supreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now

Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary

The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …

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Then and Now

How has environmental law changed in the last 38 years? A lot … and not that much.

I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980.  I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he …

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A Catalogue of Game Changers

We’re making progress on addressing climate change, and I’m hopeful that we’ll continue doing so. Yet it’s not clear whether the path we’re currently on will make progress fast enough to avoid very serious risks.  So what would it take for us to make a quantum leap in this effort?  I wouldn’t hazard a prediction …

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Guest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are

Facts About California’s Oil and Greenhouse Gas Emissions

Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …

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An Ax, Not a Scalpel

Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.

Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …

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Key Senate Races: Retrospective

The toss-up races came out 50/50, with the pro-environmental candidates winning 4 out of 8 elections.

In a post last March, I explained the environmental stakes in eight toss-up Senate races. We now know how those races came out.  Vindicating the laws of probability, the results of the toss-ups were evenly divided between the two parties. In terms of the overall election picture, I said: “The odds are that the Republicans …

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Post-election climate policy options

Options for newly empowered state governors, legislators and US House Representatives to advance climate policy

This post is co-authored by Dan Farber and Eric Biber. Democrats took control of the US House of Representatives in the election last week, took full control of six state governments (Nevada, Colorado, New Mexico, New York, Maine, and Illinois), took governorships in seven states (including Michigan, Wisconsin, and Kansas), and made significant gains in …

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Sessions Out, Whitaker In: What Might the DOJ Shakeup Mean for Environmental Enforcement?

¯\_(ツ)_/¯

News broke this afternoon that Trump has forced Attorney General Jefferson Beauregard Sessions III to resign — naming Sessions’ chief of staff, the Marbury v. Madison critic and sports take tweeter Matthew Whitaker acting AG. This move obviously has some pretty horrifying implications for the country at large, but it’s worth thinking about how the …

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