Regulation

Mono Lake at 20: Past, Present and Future

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Symposium in Sacramento, November 17

Please join us as the UC Berkeley School of Law, with stakeholders in the Mono Lake Cases, convenes a symposium in Sacramento on November 17, 2014, to mark the 20th anniversary of the State Water Resources Control Board’s Decision 1631. Panel presentations feature an cast of thought leaders, including: Marty Adams (Los Angeles Department of Water […]

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California’s New Groundwater Law: An Interactive Timeline

Groundwater irrigation

What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?

Many (including Legal Planet’s own Rick Frank) have examined the pros and cons of California’s new locally-focused groundwater management law.  Such analyses will continue to be critically important as state and local players move forward with the nitty-gritty of actual implementation, and the legislation’s practical, on-the-ground (and under-the-ground) implications become clearer. In this post, however, my goal […]

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A Roadmap for State Comments on the Clean Power Plan

"Dear EPA..."

Considerations for State Regulators Tackling EPA's §111(d) Proposed Rule

Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled […]

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Groundwater Management Lite for California

New State Groundwater Legislation a Key Step Forward, But No Immediate Fix or Long-Term Panacea

The California Legislature, in the waning hours of its 2014 session, enacted legislation creating a first-ever  statewide system of groundwater management.  The three-bill package (SB 1168 [Pavley]; SB 1319 [Pavley]; and AB 1719 [Dickinson]) is expected to be signed into law by California Governor Jerry Brown before the end of this month, and will take […]

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Kashkari’s Unworkable Environmental Review “Reform” Plan

California Republican gubernatorial candidate Neel Kashkari

Net zero buildings for everyone?

In last night’s California gubernatorial debate, Republican candidate Neel Kashkari proposed a major reform to the California Environmental Quality Act (CEQA), which requires environmental review of new projects. But rather than gutting CEQA completely, a la State-Senator-turned-Chevron-lobbyist Michael Rubio, Kashkari proposed to give all projects the same breaks that the Sacramento Kings received in last […]

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Why Tesla’s Nevada Gigafactory Could Be Bad For The Environment, Compared To A California Site

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Electric vehicle pioneer to announce its siting decision today

Some California environmentalists may be celebrating now that Tesla has apparently decided to build its $5 billion “gigafactory” in Nevada instead of California. Lawmakers here had toyed with the idea of weakening the state’s signature environmental law, the California Environmental Quality Act (CEQA), to help expedite review on the factory and therefore encourage Tesla to […]

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UARG Strikes Back

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Will UARG Persuade the Supreme Court to Overturn New Air Quality Standards?

“UARG” sounds like the name of a monster in a children’s book or maybe some kind of strangled exclamation.  But it actually stands for Utility Air Regulatory Group, which represents utility companies in litigation.  UARG did well in two important Supreme Court cases last year, winning part of the case it brought against EPA climate change […]

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Closely Confined Chickens, Interstate Conflict & the Dormant Commerce Clause

Is Proposition 2, California's Pioneering Animal Welfare Law, Unconstitutional?

Last week witnessed a most interesting constitutional showdown between sovereign states in U.S. District Court in Sacramento.  At issue is animal welfare legislation California has enacted both at the ballot box and through its elected representatives.  The enemy combatants are a coalition of midwestern states led by Missouri, aligned against the State of California, with […]

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Guest Blogger John Nagle: The Clean Air Act Applies to Greenhouse Gases Because of What Congress Said, Not Because of What Congress Intended

A Reply to Megan Herzog

In my recent CNN op-ed and in her previous post, Megan Herzog and I agree that the Supreme Court has properly interpreted the Clean Air Act (CAA) to apply to the emission of greenhouse gases. We just disagree about the correct manner in which to reach that conclusion. Judges and scholars generally favor an originalist […]

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Climate Change Adaptation Strategy: Can California Do More?

Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?

I often tell students in my Climate Change Law and Policy course that adaptation–that is, how we can best adapt to the unavoidable impacts of climate change–is the poor stepchild of the debate over greenhouse gas emissions and climate change.  By that I mean that climate change mitigation (i.e., how to reduce greenhouse gas emissions) generates far more […]

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