Reforming CEQA Part 6
Providing for quicker, more expert dispute resolution
This is the sixth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, and setting stricter limits on alternatives analysis, is here. The fourth post, discussing the creation of an ...
CONTINUE READINGReforming CEQA Part 5
Creating greater clarity for thresholds of signficance, and default methodologies and mitigation measures
This is the fifth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, and setting stricter limits on alternatives analysis, is here. The fourth post, discussing the creation of an ...
CONTINUE READINGTrump versus Cost-Benefit Analysis
EPA’s disavowal of CBA is the culmination of a longer assault.
EPA has said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all environmental impacts, it’s not clear what future regulations, if any, might be still subject to cost benefit analysis. This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when Trump took office in 2017. Trump seems to object to two of the three words i...
CONTINUE READINGReforming CEQA Part 4
Providing greater clarity on the types of impacts covered by CEQA
This is the fourth in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. The third post, discussing designating a state agency to set binding, clear standards for CEQA implementation, and setting stricter limits on alternatives analysis, is here. In this post, I will discuss creating an exclu...
CONTINUE READINGReforming CEQA Part 3
Adding more binding clear standards for CEQA plus focusing alternatives analysis
This is the third in a series of blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. The second post, discussing the conceptual framework for reform, is here. In this post, I will discuss two ways to reform CEQA: designating a state agency to set binding, clear standards for CEQA implementation; and setting stricter limits on alternatives analysis. Create binding, clear standa...
CONTINUE READINGTrump and Xi Meet in Beijing
As the U.S. and China meet, climate change is NOT on the agenda.
When Presidents Trump and Xi meet this week in Beijing, climate and environment will not be on the agenda. That absence is striking, because the U.S. and China are now moving in radically different directions on climate, energy, and environmental protection. The US is in an extraordinarily anti-environmental moment. It has exited both the Paris Agreement and the UN Framework Convention on Climate Change. The Trump EPA now talks mostly about “deregulation” and has ...
CONTINUE READINGAn Inconvenient Truth Two Decades Later
Global X via flickr
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Twenty years ago this month, I walked out of a movie theater, dumfounded, after seeing “An Inconvenient Truth,” the Al Gore documentary that would go on to frame the conversation around climate change for years. I remember feeling riveted and freaked-out. I’d read enough Adbusters in college to have a decent critique of capitalism, but Gore’s sense of moral outrage at the fossil fuel industry — and Republican strategists — for deceiving the public...
CONTINUE READINGReforming CEQA, part 2
Concepts for reforming CEQA as a backstop environmental law
This is the second in a series of six blog posts on reforming the California Environmental Quality Act (CEQA). The first post, discussing different paradigms for CEQA, is here. What reforms might be needed in orienting CEQA around a paradigm as a backstop environmental law? The criticism of environmental review that I believe has the most purchase is that it can be used, strategically, to force delays on projects, with the goal of causing them to be withdrawn or f...
CONTINUE READINGReforming CEQA Part 1
Thinking about CEQA as a backstop statute
The qualification for the November ballot of the California Chamber of Commerce ballot initiative rewriting CEQA does create an opportunity, if the legislature is so inclined, to strike a deal with the proponents and do an overhaul of CEQA. As I noted in the last of my series of blog posts on the initiative, there are real issues with CEQA and its implementation – but the ballot initiative is an imperfect tool to address those issues. In this series of blog posts, ...
CONTINUE READINGScrap Yards, Scrapped Enforcement?
The City of Los Angeles’s regulatory tools exist to protect communities from metal recycling hazards—but they're rarely invoked.
This post was co-written by UCLA Law student Kate Inman (J.D., 2026). Throughout California’s Senate District 20, roughly thirty scrap metal recycling facilities sit in the industrial corridors running alongside residential housing. For the working-class, majority-Latino communities living blocks away, the legal system has been slow to respond. Drive through Sun Valley or Pacoima on a weekday morning and you will smell it before you see it: the metallic...
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