Regulation

Scott Pruitt’s Faulty Logic

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

An earlier blog post pointed to a logical gap in the current EPA’s justification for repealing the Clean Power Plan (CPP), the Obama Administration effort to cut emissions from electrical power plants. He makes an argument that EPA can only base rules on actions that polluters can take within a facility, and jumps from there …

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Eight Setbacks for Trump

Trump hasn’t had things all his own way. Not by any means.

The Trump Administration has begun some bold initiatives but it’s too soon to know how they will fare. It also had some early success with blocking Obama’s regulation in Congress. But it has also had some significant setbacks, with courts or Congress rejecting positions it had embraced. Those setbacks make it clear that, bad as …

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Trump Administration to Hold California Hearing on Offshore Oil Drilling Proposal

Sacramento Hearing Likely to Be Both a Raucous and Fundamentally Flawed Affair

Legal Planet colleague Eric Biber this week has published a series of posts on the Trump Administration’s controversial–and deeply flawed–proposal to open most of the nation’s Outer Continental Shelf to offshore oil and gas development.  I won’t attempt to retread the ground Eric has ably covered, but want to highlight a major upcoming and related event …

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Guest Blogger Ken Alex: Methane, Black Carbon, and HFCs

Post #5 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown

[This is the fifth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] One of the most important actions we can take to combat climate change is to halt the emission of …

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Commemorating the California Air Resources Board’s 50th Anniversary

Celebrating CARB’s Past Achievements; Charting Its Future Course

Recently, the U.C. Davis School of Law’s California Environmental Law & Policy Center hosted a major conference on the UCD campus commemorating the California Air Resources Board’s 50th anniversary.  The event, which drew nearly 400 attendees, was the result of a terrific, three-way collaboration between CELPC, UC Davis’ Institute of Transportation Studies and CARB.  (Here’s …

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Renewable Energy on the Lower Mississippi

From Missouri to Louisiana to Alabama, fundamental similarities but individual differences.

The states in the lower Mississippi basin have a lot in common. From Missouri down to Louisiana and Alabama, they all voted for Trump. These states – Mississippi, Alabama, Arkansas, Missouri, and Tennessee – were all part of the Confederacy. (I’m stretching geography a bit by including Alabama, since only the top of the state …

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The Anthropocene and public law

Major doctrinal changes could occur in constitutional law, administrative law, criminal law

In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a …

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The Anthropocene and private law

Areas such as torts and property will face significant challenges

I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior.  In this post, I want to spin out some of the implications of …

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The Anthropocene and the legal system

Responding to the Anthropocene will produce pressure for substantial changes in our legal system

In my prior two posts, I discussed how humans are increasingly impairing natural systems on a global scale, and how those impairments of natural systems will have major negative impacts on human societies. How will these changes affect the legal system? The first important point in answering that question is that many of the changes …

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Law in the Anthropocene Era

Human impacts on our planet will trigger changes in our legal system

As becomes more and more evident every day, climate change is increasingly a dominant and sometimes devastating factor for human society and natural systems on a global scale. Much has been, and will continue to be, written about how we as a society can reduce the future impacts of climate change and adapt to the …

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