How can California best move the ball on the climate issue? Ann Carlson and I have just published an op. ed. in the Sacramento Bee making the case for a state climate-research fund and explaining how it could be implemented. Here’s why investing in new knowledge is such an important move for California. California can […]
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air […]
California leadership in peril?
Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases). But his response to […]
Report commissioned by Next 10 and written by Berkeley Law’s CLEE and UC Berkeley’s labor center
Climate policies are under political attack, both in California and nationally. The common argument is that these policies hurt the economy and destroy jobs, particularly in disadvantaged communities. To assess those claims, the Center for Law, Energy and the Environment (CLEE) at UC Berkeley Law and UC Berkeley’s Donald Vial Center on Employment in the […]
Was the Aliso Canyon leak a blessing in disguise?
As reported on the front page of today’s New York Times, 2016 was the third straight year to set a record for highest temperature, the first time the Earth has seen three record-setting years in a row since WWII (1939, 1940, and 1941 each set records, but now 1941 only ranks as the 37th hottest year). […]
Time to roll back the 1978 tax measure
Prop 13 is supposedly the third rail of California politics. The 1978 ballot measure effectively froze property taxes in the state and ultimately ensured that any new tax increases require a 2/3 vote, whether in the legislature or among local voters approving a new city or county tax measure. It can only be undone if […]
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes […]
CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court’s Environmental Docket
While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court. To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues […]
“But except for that, how did you like the play, Mrs. Lincoln?” It’s an old joke, for all I know going back to 1865. That was 2016,too, in a way. Like Mrs. Lincoln’s evening at Ford’s Theater, 2016 contained a lot of good things, some bad things, and then disaster. Here’s a list of each. The […]
In otherwise grim times, Berkeley & UCLA are supporting California’s forward environmental progress.
Unlike a lot of blogs, we don’t plague you with requests for money. But it’s that time of year And this is your last chance for a deductible 2016 gift to support positive change in a really negative time for our country. Legal Planet is a joint product of the Berkeley’s Center for Law, Energy, […]