Legal Planet

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

The Supreme Court is currently considering whether to overrule the Chevron doctrine. Chevron requires courts to defer to an agency’s reasonable interpretation of an ambiguous statute. We should know by the end of next month whether the current conservative super-majority on the Court will overrule Chevron. In the meantime, it’s illuminating to put the current dispute in the context of the last 80 years of judicial doctrine regarding deference to agencies on issu...

How the ICC is Using International Criminal Law to Prosecute Suspects of Eco Crimes

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

There are many different ways that our global society has attempted to address environmental damage and climate change. We fund climate technology startups. We elect representatives that keep the climate in mind. We start nonprofits dedicated to reestablishing our collective sustainable relationships with earth systems. And we litigate in civil and federal courts at the national level when environmental rights have been violated. Yet the climate change clock continue...

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

The bad news is that we’re not yet on track to avoid dangerous climate change. But there’s also good news: We've taken important steps that will ease further progress. We should resist the allure of easy optimism, given the scale of the challenges. Neither should we wallow in despair. There's a good basis for hope. To begin with, there’s been major progress in U.S. climate policy. The first half of Biden’s term saw the passage of three bills that collectivel...

LGBTQ People Face Greater Climate Risks

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

In August of 2005 when Hurricane Katrina made landfall in Louisiana and Mississippi, the combination of torrential rain and flawed infrastructure proved deadly. More than 1,800 people died and the price tag for the damage quickly rose to the tens of billions of dollars. In the chaotic disaster response that followed, several communities were disproportionately vulnerable to discrimination during recovery. Among them: LGBTQ residents. They were often overlooked in loc...

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA's approach isn't a novel innovation. It's just EPA applying its usual approach.

Is EPA's new climate rule a sneaky effort to eliminate coal or a valid pollution standard? Some new arguments made by EPA convince me that it's pursuing a time-tested approach to pollution control. It's not that EPA is trying to grind down the industry. It's that the economics of coal-fired plants are so fragile that a mild breeze would give them pneumonia. Opponents are sure to legally challenge EPA's new rule to limit carbon emissions from coal-fired power p...

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

EPA has just issued a cluster of new rules designed to limit carbon emissions from power generators. Once upon a time, the presumption would have been that the rules would quietly go into effect, until someday a court rules on their validity. These days, we can expect a lot of action to be begin almost right away. First, we are likely to lawsuits filed before opponents have even had a chance to read the new rules. Opponents see the new rules as vulnerable because th...

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Electricity rate design is unavoidably technical. It also has huge implications for equity, climate change, and ensuring a grid that works. Rate design can be used to promote many different goals, from efficiency to bill stability, but it always entails distributive decisions. Rate design determines how we distribute the costs not just of electricity, but of the shared system that provides that electricity.  And though electricity rate design rarely grabs head...

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

The Inflation Reduction Act is Biden’s signature climate initiative. Trump has already called for repealing it, and so have some Republicans in Congress. Given the IRA’s huge cuts in carbon emissions, that would be a tragedy. Can he do that? He would certainly face some very significant barriers. Trump would need Republican majorities in the Senate (very likely) and the House (less likely). When Trump was in office before, the Republicans found it difficul...

Climate Action for Earth Day

"We have a long way to go, but we’ve started down the path." I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Don’t believe what you’ve heard. There is one single thing you can give up that will help address climate change: voter apathy. One-third of eligible voters—80 million Americans—did not vote in the presidential election last time around. Why not? Because they just “weren’t registered” or they “weren’t interested in politics,” according to this Ipsos survey. It’s so much worse for local elections. Turnout in 10 of America’s largest cities ...

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes conservation as an essential component of public lands management, on equal footing with other multiple uses of these lands.” By way of quick ba...

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

The barriers are still huge — but we can also envision a path to success.

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

EPA's approach isn't a novel innovation. It's just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

"We have a long way to go, but we’ve started down the path." I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

TRENDING

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

The barriers are still huge — but we can also envision a path to success.

A new study by the UCLA Williams Institute finds that LGBTQ people in same-sex couples are at greater risk of exposure to the harms of climate change compared to straight couples.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.