Finally, California Gets A Meaningful Housing Bill
SB 827 (Wiener) would be a game-changer to solve the housing and sprawl crisis
California State Senator Scott Wiener just introduced the bill I've probably been waiting for since I started following land use and transit in California over a decade-and-a-half ago. SB 827 would dramatically scale back local government restrictions on housing near major transit stops (see the fact sheet PDF). These restrictions by local governments have prevented new housing from being built in precisely the job- and transit-rich locations where we need housing the...
CONTINUE READINGWhere the Wild Things Are
For endangered species, don't think Alaska or Montana. Think Hawaii and California. And Alabama.
When we think about preserving nature in the United States, we tend to think of the country’s great wilderness areas in places like Alaska and the Rockies. We don’t think about Alabama or Puerto Rico, for instance. But in terms of biodiversity protection, this is almost the opposite of the truth. By and large, the places with endangered species aren’t in those big wilderness areas. They’re in less romantic places – notably including the two I’ve just mentione...
CONTINUE READINGThe Ninth Circuit Court of Appeals’ Most Important Environmental Law Decisions of 2017
Constitutional Issues, Water Law, Native American Rights Dominate Court's Environmental Docket
Happy New Year! As we move into 2018, let's take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit Court of Appeals. I beg to differ: at least with respect to environmental and natural resources law cases, I strongly believe that the Ninth Circuit is th...
CONTINUE READINGWhat’s Ahead in 2018? The Top Five Things to Watch For.
2018 will be a big year for environmental law, either for good or for bad.
2016 was a huge year in environmental law, with big achievements like the Paris Agreement and huge disappointments like the presidential election. By contrast, 2017 was pretty predictable: Trump did just what he promised during the campaign. The year ahead of us will have some big events to watch out for. Here are my nominations for the top five in terms of environment and energy. WOTUS. The Trump Administration has geared up to rescind Obama's WOTUS rule. ...
CONTINUE READINGThe California Supreme Court’s Most Important Environmental Law Decisions of 2017
CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices' Environmental Docket
As 2017 comes to a close, let's take a moment to assess the California Supreme Court's most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its civil docket to cases of interest to environmental lawyers, organizations and the regulated community. With that caveat, here's my list--an admittedly sub...
CONTINUE READINGTen Environmental Lessons of 2017
We've learned a lot in the past year, some good, a lot bad.
No one can say it's been a boring year. In many ways, it's been a worse year than we expected, because the Trump Administration has gone all in on its anti-environmental vision. But there have also been some heartening positive developments. Here are some of the most important things, good and bad, that we've learned or at least been forcefully reminded of: Elections matter. A lot. Yes, everyone knew this, but after eight years, we were lulled into a sense...
CONTINUE READINGThe Off-Switch is Inside the Fenceline
Pruitt's argument for repealing the Clean Power Plan has a logical flaw.
The Obama Administration's Clean Power Plan would require utilities to improve efficiency at coal-fired power plants and reduce the use of those plants in favor of generators using natural gas or renewables. Head of EPA Scott Pruitt claims EPA can only require CO2 cuts that can be accomplished by utilities “inside the fenceline” of a power plant. Under his interpretation, EPA could require a utility to increase the efficiency of a coal-fired plant. But, he assumes, h...
CONTINUE READINGPublic Lands Watch: HR 4239
House bill would give states control of oil and gas leasing process, weaken Presidential power to restrict leasing
Tom Schumann drafted this blog post. Provisions tucked in a House oil and gas development bill would repeal one of the oldest conservation laws and scale back another. The provisions show House Republicans working to make rollbacks by the Trump Administration permanent, consistent with the administration’s “America First” energy campaign. H.R. 4239, reported out of the Natural Resources Committee on November 8, would allow states to share in the regulation of, a...
CONTINUE READINGFinal Republican Tax Bill Minimizes Damage To Renewables, Electric Vehicles & Affordable Housing
But the bill is still bad for the environment
Republicans from the House and Senate voted yesterday to approve their conference tax bill. Due to intense lobbying efforts, negotiators in the committee reduced some of the harm I described that the previous versions of the bill would have done to renewable energy, electric vehicles, and affordable housing. As Brad Plumer in the New York Times writes, support for renewables is now bipartisan, as Republican states like Iowa produce a lot of wind power, while states like ...
CONTINUE READINGTruth Will Out.
At least 3 times, the Administration has admitted the reality and dangers of climate change.
Despite all the efforts at disinformation, the Trump Administration has let the truth slip out. On four occasions, the Administration has issued or signed warnings about climate change. One is an act of Congress. I'll begin with the most recent and most significant example. Last Tuesday, Trump signed the Defense Authorization Act, HR 1810. The Act is a funding statute for the Pentagon. Here's what section 335 of the new law says about climate change: "Climate chan...
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