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Electric Utility Wildfire Liability Reform in California
As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the rapid growth of the wildland-urban interface (WUI).
Western Watersheds Project v. Schneider
A district court preliminarily enjoined BLM from implementing its 2019 amendments to plans for oil and gas permitting and licensing on greater sage-grouse habitat in seven states. Environmental groups argued that the six EISs that BLM issued to amend the plans violated NEPA by failing to consider re...
The Constitutionality of Taxing Agricultural and Land Use Emissions
Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries legal risk that policymakers and legal commentators have ignored. This Article explores whether a carbon tax, as applied to agriculture and land use, is a direct tax within the meaning of the Constitution; it concludes that text, history, and Supreme Court precedent up through National Federation of Independent Business v.