February 2017 - Legal Planet

Month: February 2017

The End of the Cost-Benefit State?

Trump is targeting regulations for elimination even if their benefits exceed their costs.

Some scholars have proclaimed a vision of the regulatory state centering on cost-benefit analysis (CBA). They mean that quantitive comparisons of costs and benefits is now the foundation of regulatory decisions, arguably blessed by the Supreme Court in one of Scalia’s last opinions. Environmentalists weren’t convinced this was a good idea. Neither, as it turns out, is Donald Trump. He doesn’t seem …

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Understanding why California housing costs so much

Is the problem CEQA, local land-use regulations, both or neither?

Housing costs in the Bay Area and Los Angeles continue to get a lot of attention in the press and academic literature. This New York Times article highlights this recent paper from Ed Glaeser at Harvard and Joe Gyourko at Penn – the paper’s analysis concludes that land-use regulations have significantly increased the price of …

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Conservatives as Environmentalists

Environmentalism isn’t an aberration in conservatives. It has deep roots going back to the 1960s.

Scott Pruitt’s appointment as head of EPA illustrates how conservatism has become synonymous with anti-environmentalism. But that’s really a drastic oversimplification, as I explain in a new paper about the history of conservative environmentalism. There were moments of strong environmentalism in the earlier days of the conservative movement. When he was running for mayor of New York City, William …

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About that carbon tax idea….

Eric Biber posted last week about the proposal from several heavyweight Republicans for a carbon tax, outlined in a Wall Street Journal op-ed. Much has been said about the merits and problems of a carbon tax, including on this blog, so I will try not to repeat those points here. However, I wanted to expand …

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A Yawning Credibility Gap

Courts are supposed to defer to agencies. But that happens less often when an agency lacks credibility.

Two themes in the Trump Administration are distrust of experts and a willingness to overrule them on ideological grounds. But undermining the government’s claims to expertise may come back to haunt the Administration. Because Trump is marginalizing government scientific and economic expertise, his regulatory initiatives may get less deference from the courts. There is already a great deal of concern …

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Trump’s Environmental Assault Begins

Clean Power Plan, Waters of the U.S. Rules First on the Chopping Block But What Remains in Place Varies Dramatically

The Washington Post is reporting that the Trump Administration will very shortly roll out two executive orders to curtail environmental protection. These rollbacks follow on the heels of the Senate’s confirmation of Scott Pruitt, who has made no secret of his antipathy for federal environmental regulations. The first executive order, as widely expected, will tell the …

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Public Lands Watch: House Joint Resolution 69

House passes resolution to nullify regulation restricting hunting on Alaska National Wildlife Refuges

Additional update: The President signed SJR 69. Update: The Senate just passed S.J.R. 69. The House voted last week to pass House Joint Resolution 69. The resolution disapproves of the Fish & Wildlife Service rule, “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures on National Wildlife Refuges in Alaska,” which was finalized on …

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The GOP’s stealth carbon tax?

Republican proposals for border adjustment tax are equivalent to a carbon tax on oil

One of the leading proposals being floated by Republicans for tax reform is what is called a border adjustment tax. Put simply, it would tax corporate income on imports into the U.S. and leave income from exports tax exempt. The policy argument for it is that it would simplify tax administration for large, multinational companies …

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A conservative proposal for a carbon tax

A promising proposal from conservative leaders, but important questions remain

An impressive lineup of senior Republican leaders has embraced a carbon tax as an approach to address climate change. The proposal is to trade away the Obama Administration Clean Power Plan and tort liability against fossil fuel companies for a $40/ton carbon tax that would increase over time. All revenues from the tax would be …

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Is Texas Cleaning Up Its Act?

Carbon emissions are set in decline in Texas, with less coal and more renewables.

At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, BUT this might not matter because “arguably, you’re seeing market-based decarbonization” due to technological changes. Case in point: Texas. Market trends are pushing Republican-stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Month: February 2017

Trump is targeting regulations for elimination even if their benefits exceed their costs.

Is the problem CEQA, local land-use regulations, both or neither?

Environmentalism isn’t an aberration in conservatives. It has deep roots going back to the 1960s.

Courts are supposed to defer to agencies. But that happens less often when an agency lacks credibility.

Clean Power Plan, Waters of the U.S. Rules First on the Chopping Block But What Remains in Place Varies Dramatically

House passes resolution to nullify regulation restricting hunting on Alaska National Wildlife Refuges

Republican proposals for border adjustment tax are equivalent to a carbon tax on oil

A promising proposal from conservative leaders, but important questions remain

Carbon emissions are set in decline in Texas, with less coal and more renewables.

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.