Public Health
There are Piles of Coal in America’s Christmas Stocking
Coal is piling up, unused, at powerplants across the country
Bad children, supposedly, will get only lumps of coal in their stockings. That could be taken as a metaphor for the anti-environmental programs coming down the line, but I have in mind something a bit less metaphorical. According to a recent report, coal-fired power plants have immense piles of coal – 138 million tons, equal …
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CONTINUE READINGNo, Virginia, There is No Sanity Clause
A dangerous hallucinatory thread runs through today’s public discourse.
Unlike politicians and influences,even the most extreme federal judges feel compelled to make actual arguments for their positions and don’t attribute events to supernatural forces or bizarre conspiracies. They may be dead wrong – and often are in my opinion –but they still live in the world of rational discourse. Too many people in the public sphere seem to have left that realm behind whether the subject is public health or climate change.
CONTINUE READINGWhat’s at Stake in the ICJ Hearings
Representational sovereignty, Indigenous rights, and ecocide are all key to the climate obligations of states, write guest contributors Mollie Cueva-Dabkoski, Julia Phượng Nguyễn, and Molly-Mae Whitmey.
A new chapter of global climate accountability has hopefully begun, as the International Court of Justice (ICJ) prepares to issue an advisory opinion on the Obligations of States in respect of Climate Change. Hearings for that opinion began today with over 100 countries and other parties presenting over two weeks. At the request of the U.N. General …
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CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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CONTINUE READINGWhy You Should Read CA’s ExxonMobil Plastic Lawsuit
California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.
The media have moved on (understandably) from California’s recent lawsuit against Exxon over plastic recycling to other environmental stories like Hurricane Helene’s catastrophic damage and Hurricane Milton’s terrifying, rapid intensification. But anyone interested in the problem of plastic pollution—which should, frankly, be everyone—will appreciate digging deeper than the Day One headlines to read California’s 147-page …
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CONTINUE READING“Salt Lakes in Crisis: Legal Responses to Ecological Catastrophes”
Upcoming U.C. Davis Law Review Symposium To Provide Interdisciplinary Focus On Threatened Western U.S. Lakes
On Friday, September 20th, the student-run U.C. Davis Law Review will host a most timely conference examining an environmental crisis facing many of the American West’s iconic “terminal lakes.” That term refers to lakes that have no natural outlet. For many years, protracted droughts and human diversions from freshwater rivers and streams feeding those lakes …
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CONTINUE READINGDid the COVID Response Poison the Well for Climate Action?
Sadly, the answer may be yes, at least for one conspiracy-minded segment of the population.
One meme that seems to be popping up is that the “evils” of the COVID response reveal some dark reality behind climate policy. Whatever its roots, these dark fantasies threaten the welfare of current and future generations.
CONTINUE READINGThe New Particulate Standard and the Courts
The tough new air quality standard is sure to be challenged in court. Winning the challenges will be tougher.
EPA has just issued a rule tightening the air quality standard for PM2.5 — the tiny particles most dangerous to health — from an annual average of 12 μg/m³ (micrograms per cubic meter) down to 9 μg/m³. EPA estimates that, by the time the rule goes into effect in 2032, it will avoid 4500 premature …
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CONTINUE READINGThe 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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CONTINUE READINGCOP28: “The Methane COP”
Methane was at the center of COP28. Here are some of the most relevant announcements of this year’s Conference of the Parties.
By far, the most ubiquitous figure at COP28 was that of John Kerry. The U.S. climate envoy strolled through the labyrinthine and confusing alleys of Dubai’s Expo City wearing an impeccable suit despite the almost 100-degree Fahrenheit winter weather of the United Arab Emirates. When he wasn’t walking, he was talking about methane, earning him …
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