October 2017 - Legal Planet

Month: October 2017

Florida’s Retro Energy Policy

It may be called the Sunshine State, but you wouldn’t know that from the lack of solar.

Florida is the paradigm of the ostrich with its head in the sand. It may be the most vulnerable state to climate change. Yet, the state government is assiduously ignoring the problem though some cities and counties and South Florida are keenly aware of the risks. Even after Hurricane Irma, the governor still professed complete …

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San Francisco Tests Supreme Court’s “Hole” In Prop 13 & 218 Restrictions On Local Tax Increases

Ambiguity in California Cannabis Coalition vs. City of Upland creates an opening for simple majority approvals

As I blogged in August, the California Supreme Court potentially “ripped a huge hole” in Prop 13 and 218, the two state constitutional initiatives that created a two-thirds majority requirement on local tax measures. In California Cannabis Coalition vs. City of Upland, the court held that “general taxes” initiated by citizens is not bound by …

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Renewable Energy in the Mountain West: A Tale of Two States

Wyoming and Colorado are very different places — but renewables are thriving in both states.

Politics play an important role in determining the fate of renewable energy in particular places, but so does economics. The Trump Administration is trying to shift the economics, but it seems unlikely they’ll be able to have much impact. For now, at least, there are a variety of motivations for states to embrace renewables, as …

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Everything You Always Wanted to Know About the Chevron Doctrine

This doctrine, formerly known only to specialists, will play a large role under Trump.

During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before the courts, we’re going to be hearing a lot more about it. …

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The Place of Pruitt’s Nightmares

How is California fighting climate change? Let me count the ways.

In his worst dreams, Scott Pruitt must find himself surrounded by solar panels and windmills, pursued by Arnold Schwarzenegger, the Terminator himself, who has returned from the future to stop him before he can doom the planet. When he awakes, he realizes to his relief that he’s safe in bed well outside the borders of …

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Public Lands Watch: Arctic National Wildlife Refuge

Senate budget resolution being considered this week could open refuge to oil drilling

One of the longest lasting fights over the federal public lands has been whether to open up portions of the Arctic National Wildlife Refuge in Alaska to oil and gas development. The Refuge is one of the most important and largest protected areas in North America – it is unusual in that it protects the …

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Disaster Resilience: Inching Forward, Sliding Back

We’re slowing improving disaster resilience. But there have been some notable setbacks.

An ounce of prevention is worth a pound of cure, as the saying goes. The same is true for disasters. We are slowly getting better at mitigating disaster risks. These improvements don’t generally take the form of dramatic breakthroughs. Rather they involve incremental progress on a number of fronts. For instance, homes that were constructed …

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Will Renewable Energy Keep Getting Cheaper?

Technological and economic forces will continue to cut prices, regardless of Trump.

The Trump Administration is trying to save coal and stop the growth of renewables. Just this week Scott Pruitt issued a proposed repeal of Obama’s Clean Power Plan. Whether or not the repeal succeeds, Pruitt & Co. are fighting against the economic tide. If the price of renewables continues to fall, it will be harder …

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How the filibuster shapes environmental law

Political structures affect how environmental law works

In case you haven’t noticed recently, there’s been some national attention paid to how the US Senate operates. In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …

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Foreseeable Yet Lamentable: Pruitt’s Attack on Carbon Restrictions

As expected, the Trump Administration is trying to repeal Obama’s regulation.

Few things were more foreseeable than a repeal of the Clean Power Plan (CPP) by the Trump Administration. The Clean Power Plan had three strikes against it: (1) it addressed climate change; (2) it disfavored coal and promoted the use of renewable energy in electricity generation; and (3) it came from the Obama Administration. The …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Month: October 2017

It may be called the Sunshine State, but you wouldn’t know that from the lack of solar.

Ambiguity in California Cannabis Coalition vs. City of Upland creates an opening for simple majority approvals

Wyoming and Colorado are very different places — but renewables are thriving in both states.

This doctrine, formerly known only to specialists, will play a large role under Trump.

How is California fighting climate change? Let me count the ways.

Senate budget resolution being considered this week could open refuge to oil drilling

We’re slowing improving disaster resilience. But there have been some notable setbacks.

Technological and economic forces will continue to cut prices, regardless of Trump.

Political structures affect how environmental law works

As expected, the Trump Administration is trying to repeal Obama’s regulation.

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not much. If at all.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court