Most recent 30 articles: Legal Planet
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An Ethical Framework for Climate Intervention Research - Legal Planet (Oct 25, 2024) |
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Oct 25, 2024 · In this context a new initiative by the AGU to promote an ethical framework for climate intervention research is significant. Over the past two years the AGU has facilitated discussion on this topic amongst stakeholders around the world, an advisory board, and an invited group of contributing authors. [Full disclosure: I served as part of that last group]. The AGU’s aim was to establish a broadly shared platform of principles for responsible and ethical research that could be applied by researchers, funders and policy-makers.
The framework published this week sets out five principles. First, responsible research, addressing risks as well as potential benefits, and ... Read more ...
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The Yankees Already Beat the Dodgers at One Thing - Legal Planet (Oct 25, 2024) |
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Oct 25, 2024 · The Dodgers and the Yankees in the World Series. That’s the zenith of baseball rivalries and I’m rooting for the home team. Which is why I hate to say it, but the Yankees have already beaten the boys in blue at one thing: their climate commitment.
As of this season, the Yankees dropped their most visible Big Oil sponsor from the stadium scoreboard - a billboard for Hess Oil. Meanwhile, the Dodgers keep on shilling for 76 gas by putting that big orange ball logo on the scoreboards, bobbleheads, souvenir towels, and other merch. East Coast 1: West Coast: 0.
Here’s the big picture: Our survey of sponsorships across the NBA, NFL, MLB, NHL, MLS, and WNBA revealed more than 60 ... Read more ...
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Six Sleeper Proposals in Project 2025 - Legal Planet (Oct 24, 2024) |
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Oct 24, 2024 · The Project 2025 report is 920 pages long, but only a few portions have gotten much public attention. The report’s significance is precisely that it goes beyond a few headline proposals to set a comprehensive agenda for a second Trump Administration. There are dozens of significant proposals relating to energy and the environment. Although I can’t talk about all of them here, I want to flag a few of these sleeper provisions.
But does Project 2025 even matter, you might ask? It’s true that Trump disavowed the report. Yet it comes with the imprimatur of a host of conservative organizations and involves many people with ties to Trump. It also echoes Trump’s priorities.
With ... Read more ...
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New Environmental Laws Focus on Public Health - Legal Planet (Oct 23, 2024) |
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Oct 23, 2024 · The California State Legislature is now finally in its off-season. Governor Newsom had until Monday, September 30th to sign or veto bills that the legislature passed and sent to his desk. In a final tally of bills, according to CalMatters, Governor Newsom vetoed approximately 18% of the nearly 1,000 bills that landed on his desk in the final days of session, or close to 1 in 5 bills. Taking into consideration all the bills presented throughout the year, the overall veto rate for the 2024 session was 16% out of 1,200 total bills per CalMatters. The 2024 veto rate is on par with previous years.
The period after the signing deadline was unusual with the Governor calling a special ... Read more ...
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Governors Present Bold Vision for Investing in a New Forest Economy - Legal Planet (Oct 22, 2024) |
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Oct 22, 2024 · The world has continued to watch as fires burn – yet again – across much of the Amazon basin. With historic droughts and ongoing lack of resources to tackle these fires and their underlying causes, they have ravaged millions of hectares of forests, communities, and wildlife habitat in Bolivia, Peru, Brazil, and beyond. These fires, often deliberately set as part of land clearing efforts for cattle or agriculture, are becoming even more intense in the face of the climate crisis and exposing millions to dangerous air pollution. Increasing fire, drought, and deforestation continue to push the region closer to a “tipping point where it can no longer survive as a rainforest.” The ... Read more ...
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The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths - Legal Planet (Oct 22, 2024) |
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Oct 22, 2024 · Conservative critics and others have argued for years that theories popular in universities such as critical legal theory undermine the idea of truth in favor of storytelling. Ironically, it has turned out that the problem is far greater on the Right than the Left. This is not only destructive to democracy. It also encourages conspiracy theories and hate speech, like a recent spate of antisemitic attacks on officials at FEMA.
The problem on the Right has long been obvious. Remember Kellyanne Conway’s “alternative facts”? It has never been clearer than in a recent statement by J.D. Vance. On learning that there was no factual basis for his story about Haitian ... Read more ...
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Project 2025 Envisions Eliminating Civil Service Protection for Thousands - Legal Planet (Oct 21, 2024) |
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Oct 21, 2024 · UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,” which has received attention in the Presidential election campaign.
CLEE published excerpts from the 922 page Project 2025 document related to climate change and environment, here.
The first paper in our Monograph series focuses on aspects of Project 2025 is: “Project 2025 Envisions Eliminating Civil Service Protections for Thousands of Highly Experienced and Knowledgeable Career Civil Servants,” available here.
Robert Uram, the Paper’s ... Read more ...
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Still Crazy After All These Years - Legal Planet (Oct 21, 2024) |
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Oct 21, 2024 · Was a powerful political conspiracy behind Hurricane Helene? You might think that no one would believe anything that crazy. You would be wrong. This post by a conspiracist about Hurricane Helene got 11 million views: “Don’t worry guys, weather modification isn’t real! It’s just a coincidence that Hurricane Helene is one of the most devastating ‘inland damage storms’ in history and that hundreds of pro-Trump counties are being massively impacted during the most important election of our lifetimes.” Or as a video reposted by former Trump national security advisor Michael Flynn said ““Hurricane Helene was an ATTACK caused by Weather Manipulation.”
Then ... Read more ...
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We Need a Circular Economy for EV Batteries - Legal Planet (Oct 21, 2024) |
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Oct 21, 2024 · California continues to make significant headway toward its target to eliminate in-state sales of new internal combustion engine vehicles by 2035. About one in five new cars sold in California are battery-powered. And it’s not just California: Battery-powered car sales are up globally, with projections showing 17 million will be sold worldwide in 2024.
As EVs proliferate, so will demand for the critical minerals that power their batteries. But mining for those elements can have serious health and environmental consequences for nearby communities. And ever-increasing numbers of battery-powered cars on the road will also mean a growing number of waste batteries. EV batteries ... Read more ...
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Grid Experts Weigh in on EPA’s Power Plant Emissions Rule - Legal Planet (Oct 18, 2024) |
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Oct 18, 2024 · Earlier this year, the U.S. Environmental Protection Agency finalized emissions standards for greenhouse gases from power plants under Clean Air Act, Section 111(d). The rule sets pollution limits for existing coal plants and some new gas plants based on carbon capture and sequestration. In West Virginia v. EPA, a spate of states and industry parties have challenged these new standards.
One argument made by petitioners involves reliability of the nation’s power grid. Now, leading grid experts are weighing in.
Yesterday, Denise Grab, Project Director for the new Emmett Clean Energy Law & Leadership project along with Emmett Institute Fellow Ruthie Lazenby submitted an ... Read more ...
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Model Uncertainty in Politics and Climate Policy - Legal Planet (Oct 17, 2024) |
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Oct 17, 2024 · The polls are predicting very tight election results. The state results could turn out to be within the margin of error, with half going one way and half the other. But there’s another plausible outcome: a sweep by one side or the other because the polls were all off a few percent in the same direction.
If you could get a large and truly random sample of the population and get them to answer all questions truthfully right before they voted, the life of a pollster would be much easier. One problem, however, is that polling is expensive, so we get fewer national polls than we used and even fewer good polls at the state level.
But the bigger problem is that the samples ... Read more ...
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Reflections on “Yes they can control the weather.” - Legal Planet (Oct 17, 2024) |
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Oct 17, 2024 · Since U.S. Rep. Marjorie Taylor Greene tweeted earlier this month that “Yes they can control the weather” - a bunch of commentators have pointed out that she’s wildly wrong. Yes, she’s wildly wrong. No one can make, intensify, or steer hurricanes. No ability to do anything like this is even on the horizon. Her comment obviously got traction because it plugged into a deep strain of populist paranoia, including active, current conspiracies.
But it’s also worth noting that it’s easy for her to spread error and confusion on this point, because there are a few things somewhat similar to what she’s saying that are real - one about current capability and practice, one about ... Read more ...
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Climate, Energy, and Environment on the Ballot - Legal Planet (Oct 15, 2024) |
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Oct 15, 2024 · Elections are primarily about electing candidates, but many states have adopted some form of popular democracy. This year, the highest-profile state initiatives are about abortion. But there are also seven state initiatives relating to energy and environment. Of those, the two biggest are a $10 billion green bond proposal in California and a proposed rollback of Washington State’s new cap-and-trade program. The outcomes of these and other initiatives will provide a barometer of public sentiment on environmental issues.
California. Prop 4 would authorize issuance of $10 billion in bonds, which would provide $3.8 billion for safe drinking water and groundwater, $1.5 billion for ... Read more ...
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How to Make Trees Worth More Standing Than Cut Down - Legal Planet (Oct 14, 2024) |
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Oct 14, 2024 · West of Sydney, Australia, lies the Blue Mountains, a range of plateaus and panoramic canyons forested with eucalyptus trees. Oil in the leaves produces a bluish haze, hence the name of the area. Twenty-five years ago, in 1999, a new NGO called Forest Trends brought together a small international group to the town of Katoomba to brainstorm over increasing capital flows to protect nature, how to “make trees worth more standing than cut down.” The gathering came to be known as the Katoomba Group and continued hosting gatherings around the world, with core and new participants every year. This loose network played a key role in stimulating payment for ecosystem services (PES) programs ... Read more ...
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The Election, Vehicle Emissions, and State Climate Plans - Legal Planet (Oct 14, 2024) |
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Oct 14, 2024 · If one single thing about the election keeps state environmental regulators up at night, it’s how much a Trump victory would impact their ability to cut transportation emissions. As it turns out, Trump’s leverage would be reduced, ironically enough, because his conservative Supreme Court appointees helped overrule the Chevron doctrine. Trump can still cause a lot of very harmful chaos, but ultimately the courts will make their own decision about state emission standards. With Chevron gone, Trump’s views will carry less weight with a court.
It’s true that the ability of states to limit carbon emissions from vehicles is crucial to their climate pans. Transportation ... Read more ...
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Hurricane Milton and this Climate Moment - Legal Planet (Oct 10, 2024) |
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Oct 10, 2024 · When President Biden addressed the nation yesterday from the White House, he warned that Hurricane Milton could be one of the most destructive storms in more than a century, but he stopped short of explaining why - that climate change, fueled by our burning of fossil fuels, is making oceans warmer and storms stronger, capable of metastasizing monstrously.
It’s understandable for the outgoing president to focus on marshaling the National Guard, Coast Guard, and firefighters to rescue, recover, and rebuild - but American audiences need to hear the why and they need it now from trusted sources… Whoever’s left, that is.
This is a moment of reckoning. A “critical and ... Read more ...
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Texas and California Are Not Opposites. Contrary to What You Might Think. - Legal Planet (Oct 10, 2024) |
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Oct 10, 2024 · There’s a common idea that Texas and California represent two opposing poles of America. They’re admittedly very different places on many levels. But in some respects, they are surprisingly similar, and some differences aren’t as big as they seem.
Let’s begin with politics. It’s true that one part is dominant in each state, but that’s where the resemblance ends. California is almost two-thirds Democratic, so you might think that Texas is probably the opposite – 2 to 1 Republican. Not so. For instance, in 2020, 63.5% of Californians voted for Biden. Trump did win comfortably in Texas, but with a smaller margin, 54% of the vote. If it weren’t for gerrymandering, the Texas ... Read more ...
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Arctic Futures: White Shield or Blue Economy - Legal Planet (Oct 09, 2024) |
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Oct 09, 2024 · Ice-thickening. Glacier curtains. Cloud brightening… Proposals for Arctic climate interventions seem to be multiplying by the day.
The changing climate is not only shrinking ice caps and ice sheets, but also bringing much greater than average temperature rises in polar regions. These impacts particularly disrupt the lives and livelihoods of Arctic Indigenous Peoples.
Arctic impacts are also linked to wider global harms. Total loss of the Greenland ice sheet, for example, would raise sea levels globally by more than 20 feet. Many such cryospheric systems might be subject to tipping point effects. This means that in practical terms the loss of the Greenland ice sheet would ... Read more ...
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With 4 Weeks Left, the Election – and the Future of Climate Policy – Hang in the Balance - Legal Planet (Oct 08, 2024) |
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Oct 08, 2024 · Given the stark differences between the perspectives of the two parties, the outcome of the 2024 election will be pivotal for climate and energy policy. With a month to go, things are still incredibly close. Harris has a tiny edge in the electoral college, and the Republicans have a similar edge in the House. I wrote about the Senate yesterday, where Republicans are somewhat favored to win control because the key Montana race is starting to lean Republican. But even that could shift if the Democratic candidate mounts a comeback or if Democrats manage to win a long-shot race in Nebraska or Texas.
Today, I’ll look at the White House and House of Representatives, then sum up with ... Read more ...
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A Small Win for Curbside EV Charging in California - Legal Planet (Oct 07, 2024) |
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Oct 07, 2024 · Late last month, Governor Newsom signed Assembly Bill 2427, which represents a modest step in the effort to ensure all Californians have access to convenient electric vehicle (EV) charging, not just those who own their homes and have garages, by supporting efforts to invest in curbside EV charging.
As CLEE described in a report issued earlier this year, curbside charging will be a key tool for residents of dense urban centers, multifamily buildings, and homes that lack parking as the state pursues its ambitious vehicle electrification goals. Cities from Los Angeles to Portland to New York have piloted the strategy, and more like San Francisco are beginning to explore it. ... Read more ...
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The Two Races Most Likely to Determine Control of the Senate - Legal Planet (Oct 07, 2024) |
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Oct 07, 2024 · To keep control of the Senate, Democrats must hold on to the White House and two Senate seats in red states. If Republicans win in Ohio or Montana, they are virtually guaranteed to flip the Senate, with important consequences for environmental policy. Here are the candidates in these key races and their views on energy and climate, in their own words. Only one of the candidates emphasizes environment or energy issues in the form of Republican Tim Sheehy’s full-throated celebration of fossil fuels. But there is no doubt that like their national parties, these candidates are far apart on environmental issues.
Ohio: Brown v. Moreno.
Sherrod Brown (D).
Brown has a ... Read more ...
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A Good Day to Drop Big Oil - Legal Planet (Oct 04, 2024) |
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Oct 04, 2024 · On Sunday, October 6, sports teams throughout the U.S. will participate in something called Green Sports Day, an annual event to promote sustainability in sports. Often, it’s a chance for a franchise to promote the recycling or energy conservation that goes on at its stadium.
One thing these teams almost certainly will not be talking about - but should be - is the oil and gas companies that continue to buy influence with American audiences through a wide range of sponsorships in major league sports.
A survey I conducted of 2024 sponsorships across the NBA, NFL, MLB, NHL, MLS, and WNBA reveals more than 60 sponsorship deals with high-polluting companies. This includes ... Read more ...
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A Data-Driven Case for Level 1 EV Charging in Multifamily Housing–and its Equity Implications - Legal Planet (Oct 03, 2024) |
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Oct 03, 2024 · Discussions about Level 1 (L1) and Level 2 (L2) electric vehicle charging generally posit a simple tradeoff: L2 (which requires a dedicated high-capacity electrical hookup) offers greater speed and convenience, while L1 (which can run on a standard 120V outlet) offers broader scale and affordability. L1’s benefits find particular traction in residential charging spaces–where drivers parking overnight may not need high-speed charging, and lower-power equipment can help multifamily buildings overcome complex installation barriers. New project data affirms these L1 advantages while assuaging some legitimate concerns about income-differentiated charging convenience among single- and ... Read more ...
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SB 1221 is Law. Time for Targeted Neighborhood Electrification. - Legal Planet (Oct 03, 2024) |
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Oct 03, 2024 · Governor Newsom recently signed a bill (SB 1221) that lays the groundwork for a vital shift in California’s clean energy transition. The bill– by Senator Dave Min, with support from key decarbonization advocates–will create a pilot program at the California Public Utilities Commission (CPUC) to designate up to 30 “neighborhood decarbonization zone” projects. In these zones, utilities can work together with communities to transition from building gas service to zero-emissions alternatives, including electrification and thermal energy networks.
That’s exciting because if California is going to have a shot at meeting our climate goals, we’re going to have to phase out burning ... Read more ...
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Climate Politics and Policy in Nebraska - Legal Planet (Oct 02, 2024) |
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Oct 02, 2024 · When Nebraska’s in the national news, it’s usually because of its football team or its most prominent resident, Warren Buffett. Lately, however, it’s been featured in the national political news due to Trump’s unsuccessful effort to get the state to abandon its practice of giving one electoral vote to each congressional district. In a tight presidential race, Omaha’s one electoral vote could really matter. And now it’s getting some attention because of a Senate race.
In what has turned out to be an unusual Senate race, Republican incumbent Deb Fischer is facing Independent Dan Osborn. Fischer has a lifetime score of 8% from the League of Conservation voters. Neither her ... Read more ...
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The Walz-Vance Debate and Environmental Policy - Legal Planet (Oct 02, 2024) |
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Oct 02, 2024 · The subject of climate-fueled disasters figured prominently in the vice presidential debate. The CBS News moderators asked a question about climate change within the first few minutes, although the multi-faceted answers weren’t always factual and much of the post-debate discussion in newsrooms and spin room interviews centered on contentious yet civil exchanges on immigration and democracy.
Moderator Norah O’Donnell first posed the climate question this way: “Scientists say climate change makes these hurricanes larger, stronger, and more deadly because of the historic rainfall. Senator Vance, according to CBS News polling, 7 in 10 Americans and more than 60% of Republicans ... Read more ...
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Climate Policy After the 2024 Election - Legal Planet (Oct 01, 2024) |
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Oct 01, 2024 · Climate certainty. Legislative action. Whipsaw regulations. An exodus of civil servants. Chinese leadership despite being the world’s largest emitter. Those are a few of the possible outcomes of the Nov. 5 presidential election, according to our panelists.
More than in any previous election, the two major candidates’ track records on environmental policies are well-established and diametrically opposed. Thanks to campaign pledges, party platforms, and written plans by former administration officials, we can evaluate the candidates for what they are likely to do in the critical years ahead.
The panel, moderated by Emmett Institute Deputy Director Julia Stein, explored the ... Read more ...
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Evolving Energy Positions, 2016-2024 - Legal Planet (Sep 30, 2024) |
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Sep 30, 2024 · Over the past three presidential elections, the battle lines over energy and climate policy have shifted. Coal, once a political flash point, has almost disappeared as an issue, with oil and gas production in unchallenged first place for Republicans. Clean energy subsidies, a side-issue in 2016, have now taken center stage, while EPA regulations get much less attention. The one thing that remains unchanged is the gulf between the parties.
The Eclipse of Coal in Favor of Oil and Gas
Coal was a major focus of Trump’s rhetoric in the 2016 campaign. As I wrote in 2020, One of Trump’s iconic campaign photos showed him with a sign saying “Trump Digs Coal.” He vowed to bring ... Read more ...
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New Law Reaffirms Local Authority to Ban Oil Drilling - Legal Planet (Sep 25, 2024) |
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Sep 25, 2024 · This morning, Governor Newsom signed a trio of bills - AB 3233 (Addis), AB 1866 (Hart), and AB 2716 (Bryan) - that will protect communities in Los Angeles and across the state from the harms of oil and gas production, the impacts of which are disproportionately experienced in low-income communities of color across the state. He signed the package on a Los Angeles soccer field that overlooks oil wells, joined by community organizers who have led the charge for years.
Critically, AB 3233 clarifies and confirms local government authority to regulate, and even prohibit outright, oil and gas operations. Local governments have historically had clear, constitutionally-derived ... Read more ...
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Community Solar: Compensation - Legal Planet (Sep 24, 2024) |
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Sep 24, 2024 · This post is co-written by Naomi Caldwell (J.D. ’24, UCLA School of Law).
Two recent posts explored community solar through the lens of its many potential benefits. (Part One on systemwide benefits and Part Two on local and individual benefits.) Today’s post follows the money, exploring community solar compensation mechanisms.
The question of who makes money based on which attributes can vary according to the goals for the community solar program. Most community solar programs adopt a subscriber model so two main groups of people receive direct compensation: participants (often “subscribers”) and project owners. Participant compensation matters because it ... Read more ...
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