Celebrating California’s Climate Change Leadership

Former Gov. Arnold Schwarzenegger shakes hands with Gov. Jerry Brown as they celebrate the 10th anniversary of AB 32. (Sacramento Bee)

State Government Leaders From Both Parties Celebrate AB 32’s Tenth Anniversary

In stark contrast to a dysfunctional national government and an utterly dispiriting presidential campaign, Sacramento, California was today the site of an inspirational, bipartisan celebration.  Current California Governor Jerry Brown, a Democrat, and his predecessor, Republican Governor Arnold Schwarzenegger, joined past and present state legislative leaders to commemorate the 10th anniversary of California’s landmark Global Warming Solutions Act of 2006, better known as […]

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The Clean Power Plan Oral Arguments


After marathon hearing, EPA comes out on top

Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. […]

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Will EPA Finally Ban Asbestos?


A look at the risks the substance presents, efforts to ban its continued use in the United States, and the role of TSCA reforms

Today millions of people will tune in to watch the first 2016 Presidential Debate.  I’m popping the popcorn for what promises to be quite the spectacle!  But while the debate takes center stage, other events make today significant as well.  Most important for me, September 26th marks the 12th annual Mesothelioma Awareness Day in the […]

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Reproductive Rights Meet . . . Waste Disposal Law?

Texas aims to limit abortion via environmental regulation

All know that by a 5-3 vote, the U.S. Supreme Court in June struck down as “undue burdens” on the exercise of reproductive rights the State of Texas’s 2013 restrictions on abortion facilities.  Those rules required facilities to meet illogical physical premises requirements and to have physicians with local hospital admitting privileges – privileges the […]

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Why Doesn’t the GOP Offer Alternative Solutions to Environmental Problems?

Republicans hate conventional regulations. But they’ve given up on offering alternatives. Here’s why.

There’s one thing we all know: the Republican Party hates regulation.  Republicans want to roll back some  key regulations and make it a lot harder to pass new ones.  But there’s a curious silence about alternatives to regulation.  For decades, conservative Republicans have denounced “command and control” regulations by EPA and other agencies.  So why don’t they […]

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California Enacts Legislation Targeting Short-Lived Climate Pollutants


The statute codifies the goals set by the Governor and ARB

On Monday, Governor Brown signed SB 1383 into law, establishing statewide targets for reducing what are known as “short-lived climate pollutants,” which I have discussed in previous posts. The law requires a 40% reduction in both methane and hydrofluorocarbon gases (HFCs) below 2013 levels, and a 50% reduction in black carbon from 2013 level. Legislators […]

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State regulation of environmental harms on federal lands

California Supreme Court case indicates substantial authority for states to act

Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law.  Here, I just want to add to Sean’s excellent summary by […]

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The Clean Power Plan: Obama’s Easy Mandate


States Complaining About the CPP Are On Pace to Hit Emissions Targets

Back around the turn of the 20th century, New York’s Republican machine was run by Senator Thomas Platt, whose ability to bridge factional gaps gave him the title of “The Easy Boss.” Even though President Obama has attempted the same thing, he will have no such luck. Witness, for example, the states — virtually all […]

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The Clean Water Act, Federalism, Big Money and the California Supreme Court


Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program

The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates.  In […]

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Of Pipelines, Protests, and General Permits

A fight in North Dakota reveals problems in how we permit and review large infrastructure projects

Native American tribes and environmental groups are currently protesting the completion of an oil pipeline in North Dakota.  The pipeline would travel beneath the Missouri River.  Tribes and environmentalists are fighting the pipeline both through litigation and also through direct action (occupying the site where the construction to complete the pipeline beneath the river would […]

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