November 2017 - Legal Planet

Month: November 2017

The Federal Government Has Always Shaped the Energy System

Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.

To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I. Ever since then, the federal government has been actively …

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Bringing South Carolina into the Sunshine

A dedicated state legislator, against the odds, opened the door to solar energy in the Palmetto State.

Solar energy is poised to make an appearance in the state, in good part due to the efforts of a single Republican state legislator. That will be a big change: South Carolina has had essentially no wind or solar power, although nuclear accounts for half of its electricity. The state senator, Chauncey (“Greg”) Gregory, hails …

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …

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The Top 10 Things to Be Thankful For (Environmental Version)

It hasn’t been a good year, to say the least. But there are some things to be thankful for.

Overall, it’s been a pretty lousy year since last Thanksgiving. If you care about the environment, there are a lot of things NOT to be thankful for, or rather one big thing in the form of He Who Must Not Be Named. But there are also some things for which we should feel thankful, many of …

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Pineapples and Preparing for the Future at COP23

Guest post by Eric Sezgen, UCLA Law student

As Alex’s previous blogpost states, there was a sense of urgency at this COP. Urgency had observable consequences all around the conference and was not only embraced but enhanced by Fiji’s presidency. You could see this even in the COP’s logo. Whereas the COP logo is usually a sleek and trendy design to look good …

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Of Dreamliners and Drinking Water

Michael Kiparsky and Christian Binz

As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing …

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‘Let the Sunshine In’: The Fight for Solar in the Tar Heel State

Despite utility opposition and conservative state legislature, the law is slowly shifting toward solar energy.

In North Carolina, renewable energy is more a distant dream than a reality. The state has a modest renewable portfolio standard (10-12% by 2018 or 2021, depending on the utility). Right now, the state is at only about 7%, with the remainder split more or less equally between coal, gas and nuclear. It has old-fashioned …

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Public Lands Watch: National Park Fee Increases

Park Service proposes to more than double fees at popular parks for peak times

On October 24, the National Park Service published a proposal to hike entrance fees in 17 of the most popular parks—including Yellowstone, Yosemite, and the Grand Canyon—during peak visitation seasons. The per-vehicle fee during peak season would rise to $70 from the current range of $25 to $30. The plan would also raise the per-person …

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Environmental Law Professors File Amicus Brief in Defense of Technology-Forcing in the California Supreme Court

Professors oppose efforts to limit the Legislature’s authority to enact laws protecting the public health and safety of CA residents

My colleague Sean Hecht and I, along with eleven other California environmental law professors, filed an amicus brief in the California Supreme Court this week in support of the California Legislature’s authority to enact technology-forcing statutes. The underlying case, National Shooting Sports Foundation, Inc., et al. v. State of California, involves a gun control law …

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Seeking Salvation at the COP

Guest post by Sunjana Supekar, UCLA Law student

“You have to act as if it were possible to radically transform the world. And you have to do it all the time.” These words, attributed to famed anti-racist activist Angela Davis, permeated my thoughts as I walked through the halls of the 2017 UN Climate Change Conference in Bonn, Germany (referred to as the “COP,” for conference of parties). The major question for this year’s …

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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

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”

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.

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

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: November 2017

Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.

A dedicated state legislator, against the odds, opened the door to solar energy in the Palmetto State.

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

It hasn’t been a good year, to say the least. But there are some things to be thankful for.

Guest post by Eric Sezgen, UCLA Law student

Michael Kiparsky and Christian Binz

Despite utility opposition and conservative state legislature, the law is slowly shifting toward solar energy.

Park Service proposes to more than double fees at popular parks for peak times

Professors oppose efforts to limit the Legislature’s authority to enact laws protecting the public health and safety of CA residents

Guest post by Sunjana Supekar, UCLA Law student

TRENDING

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

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”

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.

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

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.