Prints Archive

For California to meet its climate goals, there must be swift, bold infrastructure changes that facilitate decarbonization of the transportation sector. The California Supreme Court’s decision in Cleveland National Forest Foundation v. San Diego Association of Governments (Cleveland) is a mixed bag for those who would use the California Environmental ...

The United States is drastically behind the rest of the world when it comes to offshore wind energy. With only one offshore wind farm in operation, developers have cited regulatory burdens and excessive litigation as two of the primary constraints on the industry. Currently, these developers must go through several ...

To steer a ship, sailors cannot direct the wind, but they can adjust the sails. Likewise, the Environmental Protection Agency (EPA) cannot direct where air pollution drifts, but it can adjust the rules for combating interstate air pollution between states. The “good neighbor provision” of the Clean Air Act (CAA) ...

After Gundy v. United States, the Supreme Court is poised to dramatically roll back the power of administrative agencies through a reinvigoration of the nondelegation doctrine. This will substantially restrict the ability of agencies, particularly the Environmental Protection Agency, to promulgate environmental regulations and will render large swaths of the ...

Climate change is making water a scarcer resource. Warming temperatures, urban growth, and agricultural demand are pushing water resources to their limits. Increasingly, rival states compete over water allocation from limited sources throughout the country, such as the Rio Grande. These fights often extend to the courtroom. Since drafting the ...

Since President Trump took office in 2017, the Bureau of Land Management and other executive agencies have pursued expansive and aggressive development of fossil fuel resources on public lands. This development will add to the United States’ already large contribution to climate change. Unfortunately, those seeking to convince the U.S. ...

This In Brief begins with a short discussion of two major legislative acts to change tax law: the 2017 TCJA and the 2018 BBA. It then discusses the production tax credit (PTC) and the investment tax credit (ITC), the two energy tax provisions that the BBA changed and eliminated, respectively. ...

The United States’ energy sector is the country’s “principal . . . contribution to climate change.” The Federal Energy Regulatory Commission (FERC) “regulates significant swaths of the U.S. energy industry, including the wholesale sale and transmission of electricity,” the permitting of several types of energy infrastructure projects, and the transportation ...

Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue of the state’s Proposition 65 right-to-know law, store shelves and public garages everywhere announce, “WARNING: This [product/food/facility] contains chemicals known to the State of California to cause cancer [or reproductive harm].” The proliferation of ...

Despite international recognition of the greater vulnerability of persons with disabilities to climate change, disability issues have received little attention from practitioners, policy makers, and scholars in this field. As countries move forward with measures to combat climate change and adapt to its impacts, it is critical to understand how ...

Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels ...

According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will ...

Through building waves of legal scholarship and litigation, a group of legal academics and practitioners is advancing a theory of the public trust doctrine styled as the “atmospheric trust.” The atmospheric trust would require the federal and state governments to regulate public and private actors to reduce greenhouse gas emissions ...

Indigenous stewardship contributes to ecological biodiversity and ecosystem resiliency. Restoring reciprocal relationships between American Indians and traditional lands can improve ecosystem health and cure social ills through the restoration of traditional foods, medicines, and culturally utilized plants. Federal regulations and failure to recognize tribes near Yosemite National Park threaten endangered ...

Residential solar and utility scale solar are low-hanging fruit in the renewables transition, but targeting low-hanging fruit can only go so far. Can states innovate, reach further, and ignite near-universal consumer demand for clean energy and achieve social justice goals through equitable community solar?

Community choice aggregation energy programs have proliferated throughout California as a tool for public municipalities to aggregate their communities’ electricity demand and procure electricity for themselves. Through their community choice aggregation programs, communities have reduced their electricity-related greenhouse gas emissions in order to combat climate change. In this Article, we ...

What can you, as students, do to get involved in the environmental justice or social justice movements? My name is Roger Lin. I am one of the attorneys in Berkeley Law’s Environmental Law Clinic. We do environmental health and environmental justice cases. We have fantastic panelists who are going to ...

The goal of the panel is to make sure that you all, as students, have the opportunity, first and foremost, to understand how lawyers are using their degrees on environmental justice issues. So the panelists are going to focus on their roles within their organizations and the efforts they are ...

Our panel is called What We’re Up Against. We do not want to leave folks with the impression that what we have before us is a long list of challenges that we all face. Although that is the case in many instances, and today it is very obvious what the ...

In many instances, we have some extremely intelligent scientists, attorneys, engineers—a whole bunch of folks. I have been really blessed to be surrounded by and work with those individuals. Sometimes we forget about the intelligence, the innovation, the ability for communities to not only engage in a process, but to ...