Regulation Archives - Page 114 of 125

Regulation

Environmental Hubris: Another Proposed “Fix” for the California Delta

Recently, California state water officials announced with considerable fanfare their latest technological “fix” for the environmental ills that have in recent years befallen the Sacramento-San Joaquin Delta. The largest estuary on the West Coast of the Americas, the Delta is in serious environmental decline–as scientists have carefully documented and which no one disputes at this …

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Obama’s Bold New Auto Standards

In what is a huge victory for California and a strong national commitment to more fuel efficient cars, the New York Times is reporting that the Obama administration will grant California its waiver to issue tough greenhouse gas emissions standards while at the same time combining those standards with a new national Corporate Automotive Fuel …

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Disaster Law

Disaster issues have several links to environmental law. Perhaps the most obvious is that climate change is likely to cause a sharp increase in the number of extreme weather events such as floods and heat waves. Less obviously, disaster law is the flip side of environmental law, concerned with how nature impacts us rather than …

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Who will pay for the costs of foreign carbon dioxide in our consumer goods?

I discussed in this post the problem of GHG emissions from imported consumer products. We import and buy more and more goods from China and other countries that rely heavily on greenhouse gas-intensive coal-fired power. As a result, our consumer habits are responsible for a large and growing proportion of GHG emissions in other countries. These …

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Where Have You Gone, Jimmy Carter?

When Paul Simon famously asked his nostalgic question about the whereabouts of Joe DiMaggio, it was only 16 years after Joltin’ Joe had retired from baseball. It’s 28 years since President Jimmy Carter left office. Is it time to become a little nostalgic about his energy policy? The question is prompted by Carter’s testimony, this …

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Climate bill has votes to get through key House panel, says Waxman

Breaking news: Greenwire (via the New York Times) and Grist.com are reporting that Rep. Henry Waxman said tonight he “believe[s] we’ll have the votes for passage” to move his climate bill through the House Energy and Commerce Committee. (The Houston Chronicle is reporting that Rep. Waxman “expects” to have sufficient votes but takes a tone of skepticism.) Waxman …

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“Smoking gun” OMB memo on EPA climate change rulemaking is not what it seems

As Dan has mentioned, there has been a bit of a dust-up over a document in EPA’s rulemaking docket relating to EPA’s recent finding that greenhouse gases pose an endangerment to public health and welfare. As Dan notes, the memo, apparently originating at the White House Office of Management and Budget (OMB), is harshly critical …

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Going to the Dogs? Unfair Attacks on Cass Sunstein

A lot of environmentalists are uncomfortable about Cass Sunstein’s appointment as “regulatory czar” at OMB. Reasonable people may differ about the validity of those concerns. But now he’s been attacked from another direction — conservatives eager to paint him as an animal-rights fanatic who wants to ban hunting. For instance, For one particularly colorful attack, …

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The Long Environmental Shadow of Palsgraf

Palsgraf is a case known to every American law student. It involves a bizarre accident: a train employee negligently caused a passenger to drop his bag, which contained fireworks, which went off, which caused freight scales at the other end of the platform to fall over, which hit Mrs. Palsgraf and caused her emotional distress. …

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Polar bears, wolves, and Obama’s Interior Department

Environmentalists have been absolutely thrilled with the EPA under the leadership of President Obama and Administrator Lisa Jackson. The Department of Interior under Secretary Ken Salazar has drawn more mixed reviews so far. (Dan Tarlock and I wrote about the first 100 days at Interior on the Center for Progressive Reform blog.) Recent news out …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Regulation

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The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.