Ten Reasons Why (the Midterms Matter)

Whatever happens on Nov. 6 will have a big environmental impact.

We’re less than a month from election day, which will help shape the future of environmental protection.  Because the parties are so polarized now, partisan control in Congress or the states translates into movement toward further regulation or deregulation, depending on which party is in the ascendancy. Here are  ten reasons why you should care […]

Continue Reading

The Affordable Clean Energy Rule Would Be Neither Affordable Nor Clean

Today marks the end of the public comment period on the proposed Affordable Clean Energy (“ACE”) rule, the EPA’s proposed replacement of the Clean Power Plan (“CPP”). The CPP is the Obama-era effort to limit emissions of greenhouse gases from fossil-fuel-fired power plants. For reasons laid out previously on this blog (see here and here, […]

Continue Reading

U.C. Davis Law’s Environmental Law Center Releases Proposition 3 White Paper

Report Analyzes California’s Newest, Multi-Billion Dollar Water Bond Initiative

    The U.C. Davis School of Law’s California Environmental Law & Policy Center has published a detailed analysis of one of the most controversial initiative measures facing California voters on the November 6, 2018 general election ballot: Proposition 3.  California’s Proposition 3: A Policy Analysis provides a detailed summary and analysis of the proposed “Water Supply […]

Continue Reading

Obama-Era Vehicle GHG Emission Standards Critical for Californians and Consumers

Berkeley Environmental Law Clinic’s Comments on the SAFE Vehicles Rule

On Friday, the comment period closed on EPA’s proposed “Safer Affordable Fuel-Efficient Vehicles (SAFE) Rule.” The rule would roll back Obama-era vehicle GHG emissions standards and rescind California’s preemption waiver, which allows the state to maintain its own standards. 83 Fed. Reg. 42986 (Aug. 24, 2018). The UC Berkeley Environmental Law Clinic (ELC) submitted two […]

Continue Reading

Negative Greenhouse Gas Emissions, the National Academies, and the Law

Negative Emissions Technologies and Reliable Sequestration: A Research Agenda

What does the scaling-up of negative emissions technologies for environmental law?

In my previous posts , I described how most emissions scenarios that are expected to keep warming within 2 or 1.5°C rely on negative emissions technologies (NETs) at large scales and how the new report from the Intergovernmental Panel on Climate Change addresses NETs (as well as how solar geoengineering could offer an additional means to […]

Continue Reading

Você Fala Português?

Brazil’s New Environmental Crisis Raises Crucial Constitutional and Advocacy Issues

  As Dan noted last week, and as E & E News reports today, Brazil’s President-Elect, Jair Bolsonaro, is not only an authoritarian quasi-fascist (no exaggeration in those terms), but is also horrific for the environment. And that, in turn, is not simply bad for Brazil and South America, but for everyone on the planet. In […]

Continue Reading

A Global Standard for a Global Problem

Emmett Institute Submits Comment in Support of CARB’s Proposed Tropical Forest Standard

The Emmett Institute submitted a comment to the California Air Resources Board (CARB) yesterday in support of its proposed Tropical Forest Standard (“Standard”).  If approved, this Standard would provide CARB a set of criteria to follow when determining whether to trade tropical forest offsets between California’s Cap and Trade Program and a foreign emissions trading […]

Continue Reading

Politics, the Environment, and the Rural/Urban Divide

Rural areas have been home to regulatory skeptics. But there may be ways of changing that.

Is there an urban/rural split in America? Definitely so, in politics, demography, and economics — and on the environment. Consider this, from Dan Balz at the Washington Post: “in the 2,332 counties that make up small-town and rural America, [Trump] swamped his Democratic rival, winning 60 percent of the vote to Clinton’s 34 percent.” But Balz reports […]

Continue Reading

VMT Mitigation Webinar – Tuesday October 30, 10-11am

Berkeley Law’s free event will feature the Governor’s Office of Planning and Research

Under Senate Bill 743 (Steinberg, 2013), California law now requires developers of new projects, like apartment buildings, offices, and roads, to analyze and mitigate the amount of additional driving miles the projects generate. To facilitate compliance with SB 743, some local and regional leaders are considering creating “banks” or “exchanges” to allow developers to fund […]

Continue Reading

Not “SAFE” For California

Emmett Institute Submits Comments on Trump Administration’s Proposed Rollback of California Motor Vehicle Emission Standards Waiver

Today, the Emmett Institute submitted comment letters to EPA and NHTSA urging the withdrawal of the Trump Administration’s so-called “Safer Affordable Fuel-Efficient” Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks.  The proposed rule would freeze federal fuel economy standards for MY 2021-2026 vehicles at 2020 levels, and revoke California’s waiver, granted five years […]

Continue Reading