General

The states are stepping up on climate change

Will it be enough?

In just the last week, two economically and politically important states, New York and Virginia, took major steps toward reducing their contributions to climate change. On Tuesday, Virginia Governor Terry McAuliffe (D) signed an executive order directing the state’s Department of Environmental Quality to develop and propose a regulation to the State Air Pollution Control Board “to […]

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Guest Blogger Alex Jackson: The Way Forward on Cap-and-Trade

Incorporate Elements of SB 775 and AB 378 to Build on a Proven Program

California is in the process of defining the next chapter of its world-renowned climate leadership. Having pioneered a set of policies over the past decade that have put the state on course to meet its greenhouse gas emissions limit in 2020, lawmakers now face the question of what role the state’s cap-and-trade program should play […]

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Look Out Below!

U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California

The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. […]

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New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act

Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments

Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (accepted for publication at Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments.  This article provides detailed historical research and analysis that underpins the op-ed we published in The Conversation […]

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Guest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals

SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints

Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach […]

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Guest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy

By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits

California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. […]

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Finally, some good news from Congress

The Senate voted 51-49 Wednesday morning against considering a resolution to repeal Obama-era regulations targeting methane emissions from oil and gas operations on federal lands. The Senate was considering whether to vote on rolling back the rule under the Congressional Review Act, which allows the Senate to repeal rules within 60 days of enactment. Three […]

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Guest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775

The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism

The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the […]

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The Future of California’s Greenhouse Gas Cap and Trade Program After 2020: A Conversation

Posts on Legal Planet Over the Coming Week, Linked Here, Will Address Pending California Legislation on Cap and Trade from Multiple Perspectives

This post is the preface to a series of posts by multiple authors (including guests) over the coming week (starting May 9) about the future of the state’s cap and trade program for greenhouse gases.  Two bills, AB 378 and SB 775, are being debated by the environmental and environmental justice communities, and our bloggers […]

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The California Supreme Court’s Environmental Docket: A Tale of Two Arguments

Justices Seem Likely to Reach Environmentally-Friendly Result in One Case, But Reject Environmentalists’ Claims in Other

Last week I posted a preview of three key environmental law cases that were scheduled for argument over two days in the California Supreme Court.  I attended the arguments in two of those cases, held in San Francisco last Thursday.  Here’s an account of what transpired, along with my predictions of the likely outcomes in […]

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