States
Wildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGTrump’s Discordant Coal Quartet
Yesterday’s four executive orders were long on talk and short on action.
Yesterday, flanked by a coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster, but will have little immediate effect. These orders give the same impression as many executive orders — that Something Important is Being Done — but they are really more in the way of promises of future action.
CONTINUE READINGHunting Methane Using Satellites
Joint UC Berkeley – UCLA Law report aims to help policymakers harness the methane data revolution.
A stream of data about methane—a potent greenhouse gas—is now constantly being beamed down from space. New methane satellites provide a powerful data capability for governments who want to demonstrate leadership in climate policy. To equip policymakers with necessary information on satellite methane data, UC Berkeley Law’s Center for Law, Energy and the Environment (CLEE), …
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CONTINUE READINGSuccess! Removing the Klamath Dams
A “Good News” Environmental Story (For a Change)
Most of the environmental law and policy matters discussed on Legal Planet–especially over the past few months–have dealt with natural resource crises, environmental rollbacks, hostile political actors and actions in Washington, D.C., etc. So let me take this opportunity to share an upbeat and inspirational environmental story in these otherwise troubled environmental times. In 2022, …
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CONTINUE READINGCorroding the Separation of Environmental Powers
“Who decides?” is the first question to ask about a policy issue. Trump’s answer is “me.”
Biden took actions that federal courts ruled exceeded statutory authority, raised separation of powers issues, or threatened federalism. The difference is that Trump has used brute-force attacks on agencies plus extortion against states rather than taking overt legal actions that courts can review.
CONTINUE READINGDisappointed in National Leadership? Look to States
With nations lagging behind on climate, states and provinces are coming up with investment opportunities to protect forests and ecosystems internationally.
Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at …
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CONTINUE READINGState-Level Actions To Decarbonize Aviation
New CLEE report explores the risks of federal preemption.
Aviation is a significant and growing source of greenhouse gas emissions. But the federal government in the United States has failed to address it so far. In response, some state policy makers and advocates are now considering legal avenues to effectively require the use of sustainable aviation fuels, which emit less carbon than traditional jet …
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CONTINUE READINGNew Tools for Communities Seeking to Leverage Energy Infrastructure Projects for Community Priorities
Local action becomes even more important under a new federal regime
The Biden Administration placed substantial emphasis on community benefits mechanisms in federal climate infrastructure investments, building on years of legal and community advocacy work that laid the foundation for federal community engagement standards for project developers. With the Trump Administration taking a different approach at the federal level, the role of stakeholders at the local …
CONTINUE READINGThe Green-State Playbook
Here are five ways states can save climate policy despite Trump.
Trump’s election is a body blow to U.S. climate policy, but there are ways that those states can fight Trump and move forward on their own plans. To cut to the chase, here are five key strategies for green states — starting with lawsuits against the Trump Administration, which were highly successful in Trump’s first term.
CONTINUE READINGSaving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
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