Regulatory Policy

Guest Blogger David Schraub: Vermont Environmentalists File FTC Challenge over “Double-Counting” RECs

David Schraub is the Darling Foundation Fellow in Public Law at the University of California Berkeley School of Law. Represented by Patrick A. Parenteau and Douglas A. Ruley of the Vermont Law School’s Environmental and Natural Resources Law Clinic, four Vermont residents have petitioned the FTC to investigate alleged misleading marketing practices by Green Mountain […]

Continue Reading

2014 Senate Races and the Environment: Georgia and North Carolina

(Photos: Courtesy GOP.org, Democrats.org)

Two GOP candidates: a cipher on environmental issues and a Romney clone.

Last week, I looked at the Republican Senate candidates in the neighboring states of Arkansas and Louisiana.  This week, we turn to two other Southern neighbors, Georgia and North Carolina.  (Before you rush to email me that they’re not neighbors because South Carolina is between them, take another look at the map — Georgia and […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

The State(s) of Obesity

obesity image

There are big differences between states, but this really is a national epidemic.

State of Obesity, a joint project of the Trust for America’s Future and the Robert Wood Johnson Foundation, has released a fascinating report about adult obesity.  There are large national disparities.  The obesity rate is over 35% in West Virginia and Mississippi, but only 21% in Colorado. Despite these disparities, obesity rates have grown everywhere since 1990, […]

Continue Reading

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

628x471

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 […]

Continue Reading

Misleading Attacks On California’s New Transportation Analysis Under CEQA

A little less of this, please

Big Law Firm Holland & Knight Misrepresents New State Guidelines

Last year, the California legislature passed badly needed reform to change how agencies evaluate a project’s transportation impacts under the California Environmental Quality Act (CEQA).  The Governor’s Office of Planning and Research (OPR) was tasked with coming up with new guidelines for how this analysis should be done going forward.  As I blogged about, the […]

Continue Reading

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 […]

Continue Reading

FDA Discretion and Animal Antibiotics

pigs at the trough

FDA has stalled for 30 years in regulating antibiotics in animal feed. A court says that's O.K.

The FDA seems to be convinced that current use of antibiotics in animal feed is a threat to human health. But the Second Circuit ruled recently in NRDC v. FDA that EPA has no duty to consider banning their use.  That may seem ridiculous, but actually it’s a very close case legally.  The court’s discussion of Massachusetts […]

Continue Reading

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 […]

Continue Reading