Regulation

What Does Sports Gambling Have To Do With Environmental Law?

A Lot, Potentially, Following the Supreme Court’s Murphy v. NCAA Decision

Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events.  Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public.  So it’s no great surprise that […]

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CARB Seeks to Maintain Stringency of California’s Vehicle Standards

Emmett Institute submits public comment in support of CARB’s efforts

Back in the halcyon days of 2012 when EPA, NHTSA, California, and the automakers crafted a grand bargain to adopt national vehicle emission standards, California agreed that compliance with vehicle emission standards adopted at the federal level would be “deemed to comply” with California’s standards. Now, as it becomes clear that the federal government intends […]

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Plastics and our Future

How to turn off the plastics spout?

Kudos to National Geographic for its stunner of an issue on plastics and the environmental harms they cause. As this latest report and many other recent stories make clear, we are drowning in plastics. Bits of plastic have been found in beer, in major brands of bottled water, in 75% of deep sea fish, in […]

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California Supreme Court Ruling Represents Big Win for State Water Board–& California’s Environment

Justices Uphold Water Board’s “User Pays” Fee System Against Constitutional Attack

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 […]

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The Questionable Legal Basis of the “Transparency” Proposal

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 […]

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Pruitt’s Utterly Opaque “Transparency” Proposal

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 […]

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SB 827 and the Concept of Deregulation

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 […]

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Why California gets to write its own auto emissions standards: 5 questions answered

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 […]

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The Paradox of Electricity Deregulation

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 […]

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Actual True Story: Trump Admin. Proposes Bold New Regulation

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 — […]

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