Regulation

Revised SLCP Strategy Demonstrates the Impact of SB 1383

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Many in the environmental community, myself included, heralded the passage of SB 1383 in the California legislature. This bill is the first state law to target short-lived climate pollutants (SLCPs), and it codified the reduction goals that ARB had adopted as part of its general GHG reduction agenda. This is not a trivial accomplishment – […]

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Trump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy

The Media Need to Take Trump’s Advisors, and Their Policy Proposals, More Seriously Than They Take Trump’s Off-the-Cuff Comments

The media need to get their act together when they report and editorialize about President-elect Donald Trump’s public statements.  Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates’ rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed […]

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Something Else to Be Thankful For — Inertia!

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Meet your new best friend: gridlock, litigation delays, and red tape.

Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It’s ironic that environmentalists should now be grateful for all the features that hold […]

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Environmental Law under Trump: A Threat Assessment

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Environmental law may face attack on many fronts during the Trump Administration. As we were all forcefully reminded last week, predictions are always uncertain. Trump’s own intentions are not yet clear, and there are many permutations that could affect the end result. Rather than trying to predict exactly what will or won’t happen, it may […]

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What Will Trump Do? Maybe Not What We Expect.

Donald Trump

If he cares about 2020, he’ll have to do some recalibrating.

To be honest, no one really knows what Trump will do. Maybe not even Trump. The obvious is often the safest best. In this post, I’m going to speculate about another, slightly less dire, possibility. He may take the most obvious path – which would mean ripping the heart out of our environmental laws. For instance, he […]

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What Does a Trump Presidency Portend for California’s Environmental Policies?

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Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations

Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s […]

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Defending the Environment in Dark Times

Where do we go from here?

Yesterday’s election didn’t turn out the way many of us hoped. The results may put in danger much of the progress made over the past eight years in addressing environmental issues and even risk some earlier accomplishments. What’s done is done, however, and we need to think about how to move forward. The Bush years […]

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

Emerald Bay, in south Lake Tahoe

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively […]

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UC Berkeley & UCLA Law Launch New Climate Policy Website

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Register for a webinar on the new site’s features on Wednesday at 2pm, with a keynote by Mary Nichols

To meet the challenge of climate change, California and other governments will need to adopt a suite of policies affecting multiple sectors. Reducing economy-wide greenhouse gas emissions will take reforms in energy, land use, transportation, and agriculture, to name just a few. Since 2009, UC Berkeley and UCLA Schools of Law, with the generous support […]

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My Environmental Law Wish List For A California Legislative Super-Majority

State Capitol, Sacramento, California

Tuesday could give Democrats enough seats to make a major impact on environmental policies

The presidential election next week is making most of the news these days, but while the rest of the country flirts with electing Donald Trump as the next president, California is going its own progressive way. The Republican Party has been all but completely marginalized in this state, for a variety of demographic reasons and […]

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