Politics

Trump’s Dubious Bailout

It’s unlikely that a bailout will have more than a temporary effect. Assuming it holds up in court, that is.

Trump plans to use national security powers to prop up uneconomic coal and nuclear plants.  Rick Perry says the government is trying to figure out the cost of this effort – but he doesn’t seem to care what that cost would be. After all, he says, “You cannot put a dollar figure on the cost to keep …

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California Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes

Court rules for the State in challenge to technology-forcing gun control law

In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun …

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Environmental Strategies for the Post-Kennedy Era

How do we make environmental progress despite an increasingly unsympathetic court?

Ann Carlson wrote an excellent post about how Kennedy’s departure might impact some key environmental issues. His retirement means that the Supreme Court will move even further to the right and stay there at least until one of the conservatives departs (maybe Thomas, the oldest). The new pick is likely to be another Gorsuch, which …

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What Does Justice Kennedy’s Retirement Mean for Environmental Protection?

Short Answer: It’s Not Good

The news that Justice Anthony Kennedy is retiring has ramifications for many important areas in constitutional law, including affirmative action, same-sex marriage, and abortion.  His vote was also pivotal in many environmental cases.  Justice Kennedy will almost certainly be replaced by a more conservative justice. If that justice votes with the conservative wing of the …

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Here we go again…

Two more proposals to provide CEQA relief to sports stadiums

It’s another legislative season in Sacramento, so yet another opportunity for legislators to hand out regulatory goodies to large corporations and wealthy people, in the form of CEQA “streamlining” for the construction of sports stadiums.  There are two bills currently in the queue: AB 734 which would benefit the Oakland A’s and AB 987 which …

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Memo to Staff: Eliminating Cl***** Ch****

Also, please delete all references to global w***ing.

MEMORANDUM To: All Department Staff From: The Secretary Re: Eliminating Cl***** Ch****   As you know, it is this Administration’s policy to eliminate all references to Cl***** Ch**** from government documents. This policy has been unevenly implemented, but I have informed the President that we are adopting a zero-tolerance approach. All use of the “double-c …

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Senate Races and the Environment

Eight races will determine the balance of power in the Senate.

There’s a lot riding on the 2018 elections. The midterms will decide whether the GOP has a large enough majority to pass legislation weakening environmental protection, whether either house of Congress is willing to investigate misconduct by Pruitt and others, and who Trump can appoint to agencies and the judiciary. I’ll post more detailed information …

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What Does Sports Gambling Have To Do With Environmental Law?

A Lot, Potentially, Following the Supreme Court’s Murphy v. NCAA Decision

Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events.  Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public.  So it’s no great surprise that …

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What Trump Gives Appalachia With One Hand, He Takes Away with the Other

Ryan Zinke’s public land policies are accelerating the decline of eastern coal.

There is no one who Trump loves more than coal miners, and he has surrounded himself with Appalachian coal miners on important occasions. One of his most fervent pledges was to “end the war on coal.” Yet, Trump’s public lands policies are helping to accelerate the decline of eastern coal. A recent study by researchers …

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Maladaptation

It’s not just that we’re slow in achieving resilience. It’s that often we’re moving in the opposite direction.

Some economic models of climate change come out with low damages because they assume smooth and effective adaptation efforts. That never made much sense. There’s a lot of inertia in social systems, and planning major projects can take a long time. Some of what we’re seeing lately is worse than that, however. We’re seeing cases …

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