Regulation

Bottoms-Up! An Emerging New Governance System (3)

Bottom-up strategies can ultimately pave the road for stronger international agreement.

It is difficult to measure the extent of positive feedback between climate initiatives. But it seems evident that such feedback does exist. A major climate initiative in one jurisdiction seems to encourage climate action elsewhere. This makes climate action a more appealing prospect for any individual jurisdiction, because by acting it can increase climate actions […]

Continue Reading

Is the Green New Deal’s Ambition Smart Policy?

Some Lessons from Environmental History

At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy  — is a major conundrum.  Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically.  Stanford Professor Marc Z. Jacobsen, for […]

Continue Reading

Emmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority

Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein

Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]

Continue Reading

Bottoms-Up! An Emerging New Governance System (2)

Bottom-up appraches aren’t just fallbacks when top-down fails. They have their own strengths.

  There are some obvious advantages to top-down climate police, whereby a uniform global climate policy is adopted at the global level and then seamlessly implemented by nations, or whereby a similar process takes place at the national level.  Of course, this top-down model requires first global agreement on a uniform policy and then effective […]

Continue Reading

Bottoms-Up! An Emerging New Governance System (1)

In the past twenty years, climate policy has taken an unexpected form. Here’s what to expect.

There’s been a major change in the way environmental governance works, which is most obvious in terms of climate policy. We initially expected climate policy to be set at the international level, followed by incorporation into national legislation, and implementation by agencies and lower levels of government like states.  But this top-down governance scheme isn’t […]

Continue Reading

Flipping the Conservative Agenda

Thought experiment: take everything conservative want to do and then do the opposite.

Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas.  In other words, let’s try to come up with similar […]

Continue Reading

Regulatory Review in Anti-Regulatory Times: Congress

Congress overturned a host of regs at the start of the Trump Administration. Looks more like a random walk than a systematic effort.

In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the second of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of […]

Continue Reading

2019 California Water Law Symposium Set for February 2nd in San Francisco

This Year’s Edition of the Award-Winning Event Focuses on Groundwater Management

The 15th Annual California Water Law Symposium will convene on Saturday, February 2, 2019. This year’s Symposium venue is the UC Hastings College of the Law in downtown San Francisco. The theme of next month’s Symposium is California groundwater, with a focus on implementation of the state’s landmark 2014 legislation, the Sustainable Groundwater Management Act (“SGMA”). The Water Law […]

Continue Reading

Guest Blogger Gregory Dotson: Oregon May Join the Western Climate Initiative: What About Gasoline Prices?

Regardless of State Action, Surging Sales of Electric Vehicles Could Crash Gasoline Prices

Oregon is on the verge of taking historic action to establish an economy-wide cap and invest program and clean up the state’s carbon pollution. In doing so, Oregon could demonstrate how one state can do its part to avoid the worst effects of climate change. The concept dates back more than a decade, but the […]

Continue Reading