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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

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.

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Environmental Law Again Front-and-Center at California Supreme Court

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.

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California Supreme Court Finds County Ordinance Limiting Oil & Gas Development Preempted by State Law

Legal Planet

Last week, the California Supreme Court unanimously ruled that an initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. But the good news is that this goal can still be achieved through other legal and political strategies.

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California’s Climate Leadership: A Timeline

Legal Planet

The Golden State has adopted a slew of climate change laws over the past twenty years, and an even greater number of regulations. 2016 SB 32. California seems to have conceived of its role as alternatively a backup for weak federal regulation or a model for future federal action. 2002 SB1078. AB 1493 (Pavley Act).

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Germany’s Role in Climate Policy

Legal Planet

Climate law makes emission targets legally binding 2019. German parliament adopts a law to end coal use by 2038 at the latest. Amendments to the Climate Action Law are adopted, setting a binding 2045 date for carbon neutrality, with a 2031 target of a 65% emissions reduction compared with 1990. Renewables are 42% of electricity.

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Climate Litigation Chart Updates – November 2016

Law Columbia

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. 24, 2016); Alaska Oil & Gas Association v. and non-U.S. climate litigation charts. Here are the additions to the U.S. Alaska Oil & Gas Association v.

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Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law

Acoel

Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” At that time, the leading case on judicial review of agency interpretations of the law, Skidmore v. Over the ensuing 38 years, though, Chevron has come under increasing judicial, academic, and political scrutiny.

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