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Full-Text Articles in Law
State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak
State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections To States, Gabriel Pacyniak
San Diego Journal of Climate & Energy Law
The Intergovernmental Panel on Climate Change—the UN’s expert science panel—has found that limiting climate change to prevent catastrophic harms will require at least some use of carbon capture and sequestration (CCS) unless the world rapidly shifts away from fossil fuels and reduces energy demand. There is significant uncertainty, however, about the level of lifecycle GHG reductions achievable in practice from varying CCS applications; some applications could even lead to net increases in emissions. In addition, a number of these applications create or maintain other harms, especially those related to fossil fuel extraction and use. For these reasons, many environmental justice …
The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak
San Diego Journal of Climate & Energy Law
The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
San Diego Journal of Climate & Energy Law
This Article is organized as follows: Part I reviews the case law and commentary on judicial review of agency shifts in policy or practice, focusing on the technocratic case for deference and how recent political realities call such deference into question. Part II sets forth the background and history regarding fuel economy standards, leading to the Obama Administration’s adoption of standards in 2012 and the “midterm” review of those standards that Obama’s EPA declared final as of January 2017. Part II also reviews the legal issues surrounding Trump’s EPA’s “re-opening” of the midterm review. We suggest how courts could, and …
First Annual Climate And Energy Law Symposium: Federal Preemption Or State Prerogative: California In The Face Of National Climate Policy: An Introduction, Richard J. Lazarus
First Annual Climate And Energy Law Symposium: Federal Preemption Or State Prerogative: California In The Face Of National Climate Policy: An Introduction, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The University of San Diego School of Law's decision to create a new scholarly law journal dedicated to climate and energy issues could hardly come at a better time. ...
... The resulting debate and discussion, reflected in the following papers that the speakers produced, should be required reading for those lawmakers both in Washington, DC and in state capitals such as Sacramento, as they craft federal and state laws that seek to address this "most pressing environmental challenge."