Regulation

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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A Major Defeat for Property Rights Advocates

Hardly anyone noticed a decision last June limiting the rights of property owners against regulators.

Murr v. Wisconsin was a sleeper case decided by the Supreme Court last June. But it deserves a lot more attention than it has gotten. As I discuss in a new paper, Murr was a major defeat for property rights advocates and a big win for land use planners and environmentalists. Murr has escaped much […]

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Hot Off the Presses: An Intro to Climate Change Law and Policy

The Paris Agreement. The Clean Power Plan. Geo-Engineering. Trump. And there’s more!

I’m really excited to announce the publication of Climate Change Law: Concepts & Insights (Foundation Press 2017), by Cinnamon Carlarne and me. There are lots of great scholarly tomes on the subject — either monographs or collected volumes.  But there really hasn’t been anything that provides a comprehensive introduction to climate law as a whole, […]

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Renewable Energy in the Mountain West: A Tale of Two States

Wyoming and Colorado are very different places — but renewables are thriving in both states.

Politics play an important role in determining the fate of renewable energy in particular places, but so does economics.  The Trump Administration is trying to shift the economics, but it seems unlikely they’ll be able to have much impact. For now, at least, there are a variety of motivations for states to embrace renewables, as […]

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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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State of Play: Trump v. the Environment

Here’s a roadmap to what he’s done — and how things will probably unfold.

How has Trump impacted environmental law? What’s going to happen next? CLEE has issued a new report assessing the state of play in environmental law seven months of the Trump presidency. The report, 200 Days & Counting, reviews the Administration’s environmental proposals and offers a glimpse into what may be coming down the pike. The report focuses […]

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Webinar: Net Economic Impacts Of California’s Major Climate Programs On The Inland Empire

Free on-line event will take place on Tuesday, Sept. 12th, from 10-11am

Following the state legislature’s landmark approval extending California’s cap-and-trade program through 2030 by a supermajority vote, Berkeley Law’s Center for Law, Energy & The Environment (CLEE) and our research partners have completed the first comprehensive, academic study of the economic effects of existing climate and clean energy policies in Southern California’s Inland Empire. Together with […]

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200 Days & Counting: State and Local Action

States and cities can do a lot to push back against Trump, but they do face some legal challenges.

In the Trump era, what avenues are open to state and local governments to use self-help to protect the environment? I’ve posted before about the opportunities for state and local governments taking action to protect their own environments. (here and here). Perhaps the most important recent development is the extension of California’s cap-and-trade program to […]

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200 Days & Counting: Executive Orders

Trump loves issuing executive orders. Mostly, they don’t mean much.

Trump has issued a flood of executive orders. Many of them are “full of sound and fury. . . signifying nothing.” They actually concern actions that he doesn’t have the power to take himself. Instead, they relate to responsibilities that Congress gave to an administrative agency like EPA, not the White House.  There are a […]

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200 Days & Counting: Enforcing Environmental Laws

Don’t expect the Administration to take the lead in enforcement. Others will need to step up.

As the Bush Administration learned, it can be difficult to pass new legislation or enact new regulations. But another way of gutting environmental rules is much easier: just stop enforcing them. An agency’s enforcement decisions receive essentially no judicial review and precious little publicity. Cuts in enforcement budgets receive even less public notice and are […]

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