General

California Doubles Down on Its Commitment to Reduce State Greenhouse Gas Emissions

California Air Resources Board Adopts New, Landmark Climate Change Scoping Plan

California’s Air Resources Board (CARB) has adopted a new 2017 Climate Change Scoping Plan, which is designed to extend and expand upon the state’s longstanding commitment to reduce California’s aggregate greenhouse gas (GHG) emissions.  This is a landmark achievement, one that moves California further down the road to a sustainable environment and economy. A bit […]

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The Federal Government Has *Always* Shaped the Energy System

Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.

To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I.  Ever since then, the federal government has been actively […]

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental […]

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Of Dreamliners and Drinking Water

pipes

Michael Kiparsky and Christian Binz

As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing […]

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ESA Under Attack. Again.

The Washington Post tomorrow is running an Op Ed written with Peter Alagona, a colleague in environmental studies at UCSB. We were approached by the Post and asked to write a piece addressing the current raft of bills that seek to weaken the Endangered Species Act and sharing our views about alternatives. With a tight limit […]

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Dispatch from the Bonn UN Climate Conference

So what’s up with the Paris Agreement now that the U.S. has announced its intent to withdraw? The main annual UN conference on climate change is underway in Bonn, Germany, and UCLA Law is on the ground here. We’ll be reporting this week on what we see and hear. This conference, which serves as the […]

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Officially-True Lies

Administration policy is based on a series of falsehoods.

There are some falsehoods which the United States government has now adopted as dogma.  They aren’t true but they’re repeated day in and day out. Sadly, they’re sometimes not even deliberate falsehoods, because the people who repeat them have been brainwashed into believing them or are just too ignorant to realize the actual facts. “Greenhouse […]

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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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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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California’s AB 313–A Solution in Search of a Problem

Governor Brown Should Veto Ill-Conceived Bill That Would Undermine State Water Board’s Enforcement Authority

Overall, the California Legislature had a most productive year when it comes to environmental issues.  It extended until 2030 the cap-and-trade program that’s a centerpiece of the state’s ongoing efforts to reduce California’s aggregate greenhouse gas emissions.  It passed the mis-named “gas tax” legislation, which not only provides funding to rebuild California’s once-proud but now […]

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