President Biden vetoed a congressional resolution to nullify a recent Labor Department rule allowing retirement managers to weigh environmental, social, and governance (ESG) factors in investment decisions, arguing the rule allows ESG-based investing to harmonize market capitalism with social-justice policy preferences while Republicans say it can violate fiduciary legal obligations of retirement funds to maximise returns for clients, however, while the Democrats are promoting progressive environmentalism, the partisan debate largely centres around the legal principles of fiduciary duty, in which the Biden rule does indeed contain other noteworthy policy changes beyond the promotion of ESG investing.
Illustratiert durch KI / DALL-E
The Intergovernmental Panel on Climate Change's (IPCC) AR6 Synthesis Report warns that humanity must cut greenhouse gas emissions basically in half by 2030 to hold 'the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels', despite criticism that "deadline-ism" might not do justice to what scientists know scientifically about the impact of climate change as climate change prediction science requires "a range of possible values for future global warming."
Illustratiert durch KI / DALL-E
The article presents a series of examples of unintended consequences that occurred when something that seemed like a great idea turned out to be problematic, including a program in Mexico that paid farmers to plant trees but incentivized them to cut down mature trees instead, a fine imposed on tardy parents for late pickup at day-care centers in Israel that resulted in increased tardiness, and a law in 19th-century New York banning the sale of alcohol on Sundays that led to an increase in "Raines Law Hotels," where bar staff served poorly made food to patrons to comply with the law's requirement.
The article discusses a brief filed by the Solicitor General's office in an earlier case, Summers v. Earth Island Institute, that addressed the question of whether a nationwide injunction was proper, and argues that the district court should not have granted a nationwide injunction as it was not compelled by the text of the APA.
Neighborhood activists in California are using the California Environmental Quality Act (CEQA) to block the creation of much-needed student housing which is exacerbating the state's housing crisis, as the current law is difficult to reform and allows almost every interest group in the state to use it to stop projects they don't like, including hospitals, bike lanes, solar plants, marijuana dispensaries, and burger joints.
Chile and Colombia have submitted a joint request for an advisory opinion on the issue of climate change and human rights to the Inter-American Court of Human Rights, which is expected to make a groundbreaking decision on the issue in the coming years.
Riot police fired pepper spray at protesters chanting "government resign" during a march to mark International Women's Day in Istanbul, which happened just two months before upcoming elections and a month after the deadly earthquakes in Turkey.
The notion of "responsible research and innovation" (RRI) is becoming popular in Europe and may slow down technological progress if it finds its way into state halls, with some proponents arguing for "slow innovation" even if it leads to "responsible stagnation" and requires "radical intervention," while also demanding that innovations do not disrupt society's morals, culture, and livelihoods, effectively shifting the burden of proof from proving harmlessness to proving value alignment.
The US Court of Appeals for the Fifth Circuit in Louisiana has ruled that NOAA has violated privacy after charter boat captains sued when the group of captains was required to install onboard monitoring systems that regularly revealed GPS locations to the government.
The Biden administration's new subsidies for domestic semiconductor manufacturing facilities, which are designed to increase America's ability to build more affordable housing, have attracted criticism from supporters of the subsidies who point towards the wages, mandates and regulations attached to the funding, and argue that the rules could cause the venture to fail and damage industrial policy for a generation; some liberals and left-wing writers also criticize America for its inability to convert monetary investment to create more affordable housing, renewable energy, and public transport, mimicking libertarian criticisms of America's regulatory state, though they still hope to change it.
This is a weekly roundup of articles from How Appealing blog, including a discussion on the relevance of "fairness" in legal analysis, a lecture on the value of being uncomfortable in the legal field, a comment on the standing for gravediggers case, a report on a court ruling allowing a man to sue the police for attempting to prosecute him for warning drivers of "Cops Ahead" and an article on conservative rallying against ESG messaging and legislation.
Senator J.D. Vance (R-OH) has co-sponsored a bipartisan bill with Ohio Democratic Senator Sherrod Brown that aims to require minimum train crews of two people, enact new safety standards for carrying hazardous materials and increase fines for railroads found at fault after the train derailment in East Palestine revealed that both politicians can work together.
Prominent activist climate change researchers have signed an open letter calling for research on solar radiation management (SRM) techniques such as releasing reflective sulfate particles high in the atmosphere to address potential fast future warming, citing the need for a robust international scientific assessment of SRM approaches as rapidly as possible to counter some near-term climate warming.
This article argues that the Spanish legislator succeeded in creating a unique argumentative basis for the Mar Menor Act and may thus lead to the implementation of rights of nature in Europe, despite facing criticism from right-wing populists.
This week's Petitions of the Week column highlights cert petitions that ask the Supreme Court to consider what level of state action is required to preclude citizen suits under the Clean Water Act (CWA).
The Spanish Senate approved the "Mar Menor Act" (Law 19/2022), granting legal personality to the Mar Menor lagoon and its basin, making it the first legal text in Europe to recognize a natural entity as a subject of rights and setting a precedent for global ecological justice.
Was ist Environmental Law?
Environmental Law encompasses a variety of legal areas related to the protection of the environment. This includes laws related to air and water quality, waste management and disposal, the cleanup of hazardous materials, and the preservation of natural resources. There are a variety of regulatory bodies established to enforce these laws, including the Environmental Protection Agency (EPA) on the federal level and state and local agencies at the regional level. Environmental litigation can also be pursued to enforce these laws and hold individuals and companies accountable for harm caused to the environment.
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The Volokh Conspiracy
The Volokh Conspiracy is a group blog that covers legal and political issues from a libertarian and conservative perspective. The blog is widely regarded as one of the most influential legal blogs on the internet, and its contributors are often quoted in the media and cited in court decisions. The blog has won numerous awards and has been recognized as one of the top law blogs by publications such as the ABA Journal and the American Lawyer.
The Crime Report
The Crime Report (TCR) is the nation’s only comprehensive news service covering the diverse challenges and issues of 21st century criminal justice in the U.S. and abroad. Staffed by working journalists in New York, Washington and Los Angeles, it is published daily through the year by the Center on Media, Crime and Justice at the John Jay College of Criminal Justice in New York.
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