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Assembly Bills: A major focus of environmental regulation in California has been on ways to alleviate the health disparities faced by environmentally burdened frontline communities. Let’s see which of the environmental bills I’ve been tracking for Legal Planet were touchdowns and which ones were sidelined.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Courts occasional interventions. Coalition for Responsible Regulation v.
Fossil fuel companies are well established as founts of disinformation , agents of obstruction, and drivers of climatechange. Taken together, the need for governments to meaningfully regulate these super polluters has never been clearer. What role does science play in climate advisory opinions?
Someone asked me recently what I thought law schools should be teaching about climatechange. Naturally, my first reaction is that everyone everywhere needs to put climatechange at the top of their agenda. Law student interests aren’t entirely driven by career needs, however. Energy law is a prime example.
In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. My own priorities are public health, climatechange, and preservation of biodiversity/ecosystems. I included all laws passed in the U.S.,
is a serious blow to the EPA’s ability to fight climatechange—and could have dangerous repercussions beyond this case. The timing of the decision feels especially harsh, as the nation is in the throes of the “ Danger Season ” for hazards such as heat waves, drought, wildfires and hurricanes, all worsened by climatechange.
In preparing to teach a course on climatelaw, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. and international law. and international law. climate policy. Climate science F.
We had large waitlists from both law and college students. There have been over 80 Rights of Nature (RoN) laws passed across the U.S., In all, there have been over 500 RoN laws, cases, policies and declarations around the globe, and the numbers are increasing. One thing is for sure — there is huge student interest in the topic.
Energy law used to be an obscure niche subject. Energy law is a hot topic. Law students are thronging to the field, seeing an opportunity to combine social relevance with good-paying jobs. Top law schools are responding by competing for faculty. There are three interlinked reasons for the change. Climatechange.
The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. SB 389 is part of a broader initiative by the Legislature–and public interest groups–to reform and update California’s water laws.
Interestingly and accurately, the OIRA started its report with the simple sentiment that public participation makes better regulations. The Department of Housing and Urban Development (HUD) used this approach during their rulemaking around protecting communities from the impacts of climatechange in HUD-assisted housing projects.
Due to climatechange past histograms of winter and summer weather are likely to understate the likelihood of extreme weather days going forward. If climatechange risk is a "known unknown", then a regulator with a taste for Robustness will sign up more customers for CPP. Read Frank Wolak's 2011 paper.
On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on States obligations regarding climatechange. ii) Peoples and individuals of the present and future generations affected by the adverse effects of climatechange?
Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.
Today, Gav Ward, a legal futurist and digital strategist, steps into this lineage with […] The post The Next Nikola Tesla or Marie Curie of ClimateChange Legal Innovation? Gav Ward Proposes Global Law Approach appeared first on ClimateChange Blawg: ClimateChangeLaw Blogs, News & Insights.
This decision , reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability. the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
Eagle County , has important implications for issues such as whether NEPA covers climatechange impacts. In addition, the impact statement was governed by the 1970 version of NEPA and the 1978 White House NEPA regulations. The case, Seven County Infrastructure Coalition v. The facts are quite unusual.
In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. The absence of baseline regulation of dairy operations isn’t limited to greenhouse gas emissions. Timestamp at 2:05:10). Agricultural operations are almost uniquely unregulated.
Included in the regulation are requirements for mineral sourcing, life cycle emissions, information sharing, and recycling. These regulations set a precedent for battery policy; an area where the US needs to do more. Why does the EU need new battery regulations?
In a historic development, a recent opinion by the International Tribunal for the Law of the Sea (ITLOS) recognizes global warming emissions as a marine pollutant. To ensure that this decision can truly protect our oceans and climate, we need to consider larger global systems and opportunities for ensuring compliance.
The argument is that the Board shouldn’t have to consider that because EPA has authority to regulate air pollution, not the Board. Section 102(2)(C) requires the agency preparing an impact statement to obtain comments from any other agency that “has jurisdiction by law… with respect to any environmental impact involved.”
This week, the InterAmerican Court of Human Rights (IACHR) started to hear testimony at the University of the West Indies , near Bridgetown, Barbados, addressing one of the most pressing global issues of our time: climatechange and its implications on human rights. You can watch the full testimony here.
Even aside from the totally legitimate riposte that we can’t afford not to do so, I feel pretty confident that, if we do succeed in making the necessary changes, we’ll find out that, not only have the benefits far exceeded the costs, but that the costs will have turned out to be much less than we currently expect them to be.
UN Photo/ICJ-CIJ/ Frank van Beek This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climatechange.
New methane satellites provide a powerful data capability for governments who want to demonstrate leadership in climate policy. The report is intended to help policymakers harness satellite data to improve their climate policies, enforce emissions regulations, and accelerate methane reduction efforts.
Most climate action today rightly focuses on reducing greenhouse gas emissions. Unfortunately, these efforts are necessary, but not sufficient to meet global climate targets. The Sabin Center has previously discussed the regulation of OAE here and here. Federal laws that cover OAE in Washington State Coastal states in the U.S.
One possibility is that NEPA serves as a back-stop for other environmental laws, filling in gaps they do not cover. While many environmental effects may already be considered and regulated under other statutes, there may be many other effects that are not considered under other statutes.
Gene Yaw (R-Lycoming) announced plans to introduce legislation to prohibit municipalities from receiving Act 13 drilling impact fees if they set more protective standards on the development of natural gas than required in state or federal law and while a challenge to local restrictions is being litigated. Read more here. Read more here.
For example, there’s a current challenge to EPA’s waiver under the Clean Air Act for the Air Resources Board’s Advanced Clean Trucks regulations (ACT), which require that zero-emission trucks represent an increasing proportion of in-state heavy-duty truck sales. (A
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.
Those following debates on active climate interventions have been expecting – and worrying about – something like this for a few years. This activity cannot have any significant global climate effect. And in all likelihood, they are not breaking any current law or regulation. Could this activity change the climate?
California imposes a number of statutory and common law disclosure requirements but does not mandate disclosure of sea level rise risk in real estate transactions. Inadequate disclosure laws have serious consequences, considering the high cost of flood damage recovery. Include more specific references to coastal regulations (e.g.
Can the new advisory opinion interpreting the United Nations Convention on the Law of the Sea (UNCLOS) move us beyond the lethargy of unmet climatechange policy needs ? 29, citing the Vienna Convention on the Law of Treaties, article 31).
The ups: on April 6 th , Pinterest announced a new policy to keep “false and misleading claims around climatechange off the platform.” It’s hard to say Musk’s ownership will mean for Twitter’s policies about lying about climatechange and other vital social issues, but some early commenters are skeptical.
A new Sabin Center report explores the laws governing seaweed cultivation and sinking for CDR in Alaska. There are a number of co-benefits to seaweed projects, in addition to their climatechange mitigation potential. Seaweed cultivation and sinking are regulated by a number of different laws at the state and federal levels.
Streamgaging Network (credit: USGS.gov) Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought.
A month from now, the Supreme Court will hear a case about an animal cruelty law. It’s not an environmental law case, but the ruling could impact the authority of states to address climatechange. The basic idea is that states can’t adopt rules that have the practical effect of regulating outside their borders.
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered a long-awaited Advisory Opinion on climatechange and international law. This marks the first time that an international tribunal has issued an advisory opinion on State obligations regarding climatechange mitigation.
The Sabin Center for ClimateChangeLaw at Columbia Law School, together with New York Sea Grant, is pleased to announce a writing competition for law students interested in writing on legal and policy issues associated with marine carbon dioxide removal. Articles should be 15,000 words in length.
UCLA Professor of Law William Boyd. William Boyd is Professor of Law and Michael J. Klein Chair in Law at UCLA Law, with a joint appointment as Professor at the UCLA Institute of the Environment and Sustainability ; Alex Wang is Professor of Law at UCLA Law. UCLA Professor of Law Alex Wang.
Climatechange could hike the cost of maintaining Ontario ’s transportation infrastructure by over $1.5 Indiana regulates the underground storage of carbon dioxide. The company is seeking powers of eminent domain from state regulators. Remedies for Harmful Algal Blooms Are Available in Law and Practice — Circle of Blue.
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climatechange.
The fossil fuel industry has known for decades that its products cause climatechang e Contrary to what the fossil fuel industry would like you to believe, the link between burning fossil fuels and climatechange has been well established for decades.
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