Public Health

What’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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President-Elect Trump vs. California: What Lies Ahead?

Credit: Freepik

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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Why You Should Read CA’s ExxonMobil Plastic Lawsuit

Plastic pollution choking an LA County waterway

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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“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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Did 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.

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The 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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The 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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COP28: “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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Pearl Harbor Today

82 years after the attack, what is the state of the harbor?

Today is Pearl Harbor Day, the anniversary of the Japanese attack that launched the U.S. into World War II.  Those of us who don’t live in Hawaii may not think much about the harbor, but I started to wonder how things were going environmentally there. The geography is more complex than I had expected. I …

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Montana “Youth Citizens” Win Landmark Climate Change Trial

Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies

A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials.  In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies.  The “youth citizen” …

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