Regulation

California Members of Congress Seek to Eviscerate State Water & Environmental Laws

H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes

Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month.  And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it […]

Continue Reading

Vox Populi and the Environment

Is Trump’s attack on environmental law riding a groundswell of public opinion? Apparently not.

Trump is pushing hard to rollback Obama’s climate change regulations, expand the use of fossil fuels, and discourage renewables.  Where does the public stand on all this?  The answer is that the public is mostly on the other side, but more needs to be done to heighten public awareness. A recent survey conducted jointly by […]

Continue Reading

UCLA Law Conference Webcast Today: State Climate Policy in the Trump Era

Symposium Features Sessions on California, Federal, and Multistate Greenhouse Gas Reduction Policy

UCLA Law’s Emmett Institute on Climate Change and the Environment is hosting a full day event today on the timely topic of State Climate Policy in the Trump Era on Monday, May 22, 2017. There will be a live webcast for those who cannot join the event in person. Full details are linked here. And here’s […]

Continue Reading

The states are stepping up on climate change

Will it be enough?

In just the last week, two economically and politically important states, New York and Virginia, took major steps toward reducing their contributions to climate change. On Tuesday, Virginia Governor Terry McAuliffe (D) signed an executive order directing the state’s Department of Environmental Quality to develop and propose a regulation to the State Air Pollution Control Board “to […]

Continue Reading

Guest Blogger Alex Jackson: The Way Forward on Cap-and-Trade

Incorporate Elements of SB 775 and AB 378 to Build on a Proven Program

California is in the process of defining the next chapter of its world-renowned climate leadership. Having pioneered a set of policies over the past decade that have put the state on course to meet its greenhouse gas emissions limit in 2020, lawmakers now face the question of what role the state’s cap-and-trade program should play […]

Continue Reading

Look Out Below!

U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California

The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. […]

Continue Reading

Guest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals

SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints

Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach […]

Continue Reading

Guest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy

By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits

California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. […]

Continue Reading

Guest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775

The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism

The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the […]

Continue Reading

“California Alone” Should Not Govern State Climate Policy

SB 775 Turns California Inward and Diminishes Its Role As Global Leader

Last week, Senator Bob Wieckowski (D-Fremont) introduced a new bill, SB 775, that would replace California’s cap-and-trade system with a new approach to regulating California’s greenhouse gas emissions beginning in 2021.  There is much to admire in the new bill, including an aggressive pricing approach that would ensure that California’s carbon price remains high.  The […]

Continue Reading