The California Supreme Court has handed the State Water Resources Control Board a major legal win, rejecting an industry challenge to the “user pays”-based system of funding the Board’s water pollution control system. In doing so, the Supreme Court has fended off yet another constitutional challenge to the manner in which environmental regulatory fees are […]
EPA seems unsure of the legal authority for its proposal — and for good reason.
“They sat at the Agency and said, ‘what can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?’” When he said those words, Scott Pruitt was talking about the Obama Administration. But it seems to be a pretty […]
Ironically, the proposal calling for greater transparency provides little clue into the agency’s thinking.
EPA recently issued a notice of proposed rulemaking entitled “Strengthening Transparency in Regulatory Science.” The proposal would prohibit the agency from considering studies of health risks unless enough data is made publicly available to allow EPA or industry to validate the results. That sounds fine, but these studies often involve either confidential health records or […]
When land-use deregulation gets characterized as regulation, and why
Perhaps the biggest topic in land-use law and housing affordability in California over the past couple of months has been a piece of legislation introduced by State Senator Wiener, SB 827. Ethan has blogged quite a bit about the bill – the basic concept of the legislation is to eliminate or significantly restrict a number […]
Authored by Nicholas Bryner and Meredith Hankins
Rush hour on the Hollywood Freeway, Los Angeles, September 9, 2016. AP Photo/Richard Vogel This article was originally published on The Conversation. Read the original article. Editor’s note: On April 2, Environmental Protection Agency Administrator Scott Pruitt announced that the Trump administration plans to revise tailpipe emissions standards negotiated by the Obama administration for motor […]
This is one setting where “deregulation” is a lot more complicated than regulation.
You might think that deregulation means sweeping away regulations, which ought to make the law much simpler. But the opposite is true in the electricity sphere. The regulatory system in states taking the traditional fixed-price approach is actually much easier to understand than the so-called deregulation method. Instead of saying “deregulation” it would be better […]
Yes, it’s hard to believe. But it actually did happen.
On Thursday, the FDA made a stunning announcement about a new regulation for cigarettes. Given that this is the Trump Administration, you might have thought they were going to require school lunch programs to hand out cigarettes or something. But no. FDA is proposing — or more accurately, is proposing to issue a proposal — […]
California Vehicle Emissions Standards At Stake
It’s no secret that the Trump Administration has it out for California. Attorney General Jeff Sessions just sued the state for its refusal to aid Immigration and Customs Enforcement in detaining undocumented immigrants. Donald Trump just claimed that highly popular Governor Jerry Brown is doing a terrible job, despite Brown leading California out of a […]
Post #9 in a Series on California Climate Policy by Ken Alex, Senior Policy Advisor to Gov. Jerry Brown
[This is the ninth post in a series expressing my view of why California’s actions on climate change are so important and how they will change the world. The introductory post provides an overview and some general context.] I said at the outset of these blog posts that political will and the issue of scale are bigger […]
Michael Kiparsky and Alida Cantor
Water data has become quite a hot topic in California, and rightly so: throughout the state, decision-makers desperately need better information to guide their efforts to better manage this resource. Recent legislation has gotten us to the starting line, but how well new data platforms ultimately serve water management will depend on clear thinking and […]