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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. Any top ten list is a bit arbitrary.
The next week has the potential to bring important developments for international governance of marine carbon dioxide removal (CDR). But in-ocean research could implicate various international and domestic laws that might affect whether, when, where, and how projects take place. seaweed) for carbon storage.
Ruthie Lazenby, a UCLA Law fellow and Legal Planet blogger who is currently writing a series on community solar , is also contributing to E-CELL. If you’re looking for partners like UCLA Law in this space, don’t hesitate to reach out. E – CELL will also build upon existing projects in the Frank G.
Critically, AB 3233 clarifies and confirms local government authority to regulate, and even prohibit outright, oil and gas operations. In so doing, the law acknowledges the traditional role of local governments in exercising land use controls to protect the public health and safety of their residents. Download as PDF
Figure 1 from Milkoreit et al : A multi-phase framework for Earth System Tipping Point Governance Novel governance challenges Tipping processes present novel and serious governance challenges. Rather we need new interdisciplinary research programs focused specifically on tipping-point governance.
Yet in one of his first official acts as Secretary of the Department of Transportation (DOT), Sean Duffy delineated a set of principles governing DOT funding (to the extent there is any legal discretion). The Mount Vernon Memorial Parkway is the first modern highway built by the federal government. And that might not be a problem.
When diplomacy needs backup, countries turn to resolve their disputes at the ICJ, the United Nations’ principal judicial organ, to set the tone for international law. As an advisory body, the court provides legal opinions on international law questions. What is an advisory opinion?
In a recently published paper , we explore the emerging possibilities of green infrastructure through a governance lens, focusing on large scale implementation. Our findings suggest that LSGI projects face intertwined governance challenges that flow from their core strength: LSGI’s multi-benefit nature. Cano Pecharroman et al.
As I did the last time Leiter posted these totals, I thought it might be helpful to our readers to have a list that is focused on US scholars who work substantially or primarily on environmental and energy law. I also differ from Leiter in including scholars who are currently in government service in my totals. Vandenbergh. Vanderbilt.
On Monday, I explained why this is an especially urgent time for new law students to be thinking about the climate crisis and how they can contribute as lawyers. If you do corporate work, you can focus on ESG (Environment, Social, and Governance). Land Use Law. Land use law also has important links to environmental law.
The Bipartisan Infrastructure Law and Inflation Reduction Act have resulted in historic levels of public investment to transform existing energy and transportation systems and lay the foundation for emerging climate technologies.
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. The post The Renaissance of Energy Law appeared first on Legal Planet.
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.
One new set of tools that legal experts are proposing we consider are those available under international criminal law. I was part of the UCLA Law student group, along with Hannah Reynolds (J.D. ‘26) 26) and Selina Novak (Doctoral Program in Law Exchange Student Researcher).
As a compromise, California law (AB 398) has limited offsets to 4% of compliance obligations for the 2021-2025 period and capped the offsets without in-state benefits that can be utilized for compliance. . The post Governing Emissions Trading in California and China appeared first on Legal Planet. Stay tuned. Download as PDF.
Governments representing more than a quarter of the US population have filed lawsuits against major corporations including ExxonMobil, Chevron, Shell, and BP, seeking justice for the harm caused by their lies about the dangers of their products. That intersection between science and law is what makes this work so fascinating and impactful.
The EU battery law seeks to increase circularity through a plethora of measures that the US can replicate. The law also requires the increased sharing of information about the battery type and use, making repurposing and recycling more efficient. Essentially, it is decoupling economic activity from resource extraction.
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.” Yet would anyone say that the government should therefore ignore the risk of a lab accident. It chose not to do so. Argument 3.
In that case, Our Children’s Trust represented a group of Oregon youths who sued the federal government, seeking redress for what the children claimed was the government’s failure to protect them from the environmental, health and economic damage wreaked by climate change. The August 14th Held v. The August 14th Held v.
These initiatives are designed to empower local governments and communities with the tools and funding necessary to build long-term climate resilience. However, an implementation gap remains between ICARP’s vision for a resilient California and the resources available to achieve the State’s priorities.
The Department of Environmental Protection published notice in the March 1 PA Bulletin announcing that Impecca is prohibited from selling its products in Pennsylvania as a result of its violation of the state electronics waste recycling law. ( Read more here. Read more here.
million homes by 2031, governments need to eliminate minimum parking requirements, reform building codes and legalize six-storey apartments on the avenues and major streets in existing neighbourhoods throughout Ontario. To deliver 1.5 That is the takeaway from a new expert housing report, released today.
Is federal and California law preventing the amount of prescribed burns or vegetation management we need from occurring? This report (at page 13) notes that in 2017-18, California and the federal government conducted about 80,000 acres of prescribed burns in the state. Ill get into those points in more detail in some posts soon.
Installations of commercial solarsystems on businesses, schools, and government buildings, for examplewere potentially 13% higher in 2024, per Wood Mackenzie. In this vein, 2024 included advances like Massachusettss new clean energy law , which will streamline equitable siting for clean energy projects.
The prospect of climate interventions, particularly SAI, might offer large reductions in climate-change risks that are not possible through emissions cuts, adaptations, or atmospheric removals alone, but also raise serious new uncertainties, risks, and governance challenges. This may be on the cusp of changing, but it hasn’t yet.).
In the past two years, however, the things have started trending upward after years of inaction by conservative governments. As in the US, Australia’s climate policy was long a victim of a lengthy period of divided government and political upheaval. As in the United States, state governments made some effort to pick up the slack.
The Sabin Center for Climate Change Law 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.
Taken together, the need for governments to meaningfully regulate these super polluters has never been clearer. This guidance has been solicited from the International Tribunal for the Law of the Sea (ITLOS), Interamerican Court of Human Rights (IACtHR), and International Court of Justice (ICJ).
It also wants to destroy environmental regulation, especially climate law. There’s no logical connection between a belief in authoritarian government, upholding traditional hierarchies, and views about protecting the environment or the reality of climate change. That’s not a coincidence. Other factors may also be relevant.
This law is a clear setback for open and accountable energy planning and will mean Ontarians are left in the dark about how critical decisions regarding our energy system are made. By concentrating this much power in the hands of one office, the province’s energy planning will happen in backrooms, likely to the benefit of government insiders.
Statement by Emilia Belliveau, Energy Transition Program Manager Montréal/Tiohtià:ke | Traditional, unceded lands of the Kanien’kehá:ka/Mohawk Nation, a gathering place for many First Nations, including the Anishinaabeg – We are disappointed that the Government of Alberta is attacking the federal government’s attempts to clamp down on greenwashing.
By October 1, Congress will need to fund the government for Fiscal Year (FY) 2025 and determine how to extend ( again ) the Agriculture Improvement Act of 2018 (2018 Farm Bill). Since the CAA was signed into law in March 2024, Congress has slowly inched forward its FY2025 appropriations bills , including for USDA.
A landmark ruling in the Swiss Women’s case criticized governments for not acting in line with science and unequivocally stated that inadequate government action on climate change constitutes a violation of human rights. At the Science Hub for Climate Litigation , we stand at the nexus of science and the law.
How we do this, and how well it happens, depends on planning and collaboration across local, state and federal government. At the state level, governments need to do more to facilitate new transmission lines. Texas went first in 2005, with a law called SB 20.
In addition, the impact statement was governed by the 1970 version of NEPA and the 1978 White House NEPA regulations. It was a surprise that the Supreme Court agreed to hear the case. The facts are quite unusual. Neither of those is in effect today. Thus, the relevance of any ruling to future agency actions is unclear.
But the federal government in the United States has failed to address it so far. Opponents will undoubtedly argue that such state-based initiatives conflict with federal law. Aviation is a significant and growing source of greenhouse gas emissions.
The principle states that, when the language of a law is ambiguous, experts at federal agencies can interpret it to create rules to implement and enforce the law. In SEC v Jarkesy, a 6-3 majority undermined federal agencies’ ability to enforce laws by issuing fines to individuals or organizations that break those laws.
A special focus of the Commission’s deliberations will be whether and to what extent California’s most important and overarching environmental law is impeding efforts by the Legislature and Governor Newsom to address the state’s chronic and well-documented housing crisis.
In 2015, the Dutch environmental organization Urgenda Foundation with nearly 900 co-plaintiffs took the Dutch government to court. They argued that the government was failing to take sufficient action to combat climate change, which was, in their view, a violation of its duty to protect its citizens’ well-being. In the Leghari v.
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.
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.
One of the most important provisions, of the new NEPA law, § 107(f), allows the lead agency to delegate preparation of environmental reviews to project applicants. State government units. There are unsettled questions about when this provision applies and how it interfaces with other parts of NEPA.
At the time, I thought it was possible his mischaracterization of CEQA was a one-off, but it’s now apparent that Klein has joined the all-out crusade against the law that has existed in one form or another for decades. According to Klein, CEQA has hobbled government, keeping it from tackling the most pressing problems of our day.
The new wave of litigation also arose from the urgency of combating the rise in deforestation under the right-wing-oriented President Jair Bolsonaro, who left the government in January 2023 for the return of President Luiz Inácio Lula da Silva (Lula). The decision was made in a lawsuit filed by four political parties (PSB et al.
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