New Research Shows California’s Cap-And-Trade Program Is Net Economic Benefit For San Joaquin Valley & Inland Empire
Results from forthcoming economic study included in new op-ed
The California Legislature may vote on reauthorizing California's cap-and-trade program as soon as Monday. The program needs a two-thirds vote to inoculate the auction mechanism to distribute allowances from legal challenges, which is a heavy political lift that has required a lot of compromise and concession. But in the midst of the debate, state legislators are lacking crucial data on the impact of the program to date on some of California's most environmentally and...
CONTINUE READINGEnergy & Climate Are Hot News
Some of it is bad news -- but despite Trump, there are many positive signs.
Climate and energy issues have been hot topics in the news. Consider yesterday’s issues of the NY Times and the Washington Post. Of course, both papers have featured coverage of the G20 conference. They emphasized that the U.S. is isolated internationally by its decision to withdraw from the Paris Agreement. Trump was unable to get any other country to support the U.S., despite heavy administration lobbying of Russia, Turkey, and Saudi Arabia. For instance, here’s wh...
CONTINUE READINGDid Trump Just Accidentally Endorse Climate Action?
There's a hidden zinger in the G-20 statement about curtailing greenhouse gases.
It escaped everyone's notice, possibly including the U.S. delegation, but buried in the G-20 Declaration is an endorsement of the need to cut greenhouse gases. This paragraph precedes the two reflecting disagreements about the Paris Agreement, and this particular paragraph purports to reflect the views of all twenty leaders, including Trump. There are three paragraphs in the G-20 Declaration that address climate change. Understandably, most of the attention has go...
CONTINUE READINGHoping New Reservoirs Will Immediately Store More Water in California? That’s Unlikely.
Emmett Institute’s Latest Pritzker Brief Looks at the Timeline and Legal Requirements for Implementing New Surface Water Storage Facilities
Surface water storage has become a hot topic in California. The recent drought led voters in 2014 to approve California’s Proposition 1 water bond, which, in part, earmarked $2.7 billion for the public benefits of storage projects. It’s very likely that at least some of that money will go to a large surface water storage project, although it could also fund groundwater storage or conjunctive use projects. Does it make sense to channel that pot of money to surface ...
CONTINUE READINGBreaking News: Coastal Commission Prevails in Major California Supreme Court Case
Justices Reject Property Owners' "Regulatory Takings" Challenge to Seawall Permit Condition
The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights. Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited their right to challenge the constitutionality of the permit conditio...
CONTINUE READINGLaw professor comments on national monuments review
Leading natural resource and environmental law professors comment on Trump review of national monuments
As we've been covering here on Legal Planet, the Trump Administration is conducting a review of national monuments created over the past 20 years, and has indicated it may seek to eliminate or shrink some of those monuments. Part of that process is a public comment period. (You can comment here, deadline is July 10.) A group of 121 environmental, natural resource, and administrative law professors just submitted a comment to the Secretary of the Interior arguing th...
CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration's recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, following an executive order from February that ordered the review and rollback of this rule, would rescind the rule. But it wouldn't yet rol...
CONTINUE READINGClimate Policy Canadian-Style
Canada is setting a great example to its southern neighbor.
Despite our geographic proximity and close economic ties, Canada doesn’t get a lot of press attention in the U.S. But unknown to many, Canada has been taking aggressive steps forward in climate policy. Prime Minister Justin Trudeau rejected Trump’s decision in no uncertain terms: We are deeply disappointed that the United States federal government has decided to withdraw from the Paris agreement. . . Canada is unwavering in our commitment to fight climate change ...
CONTINUE READINGA Case of Administrative Bad Faith
The D.C. Circuit slaps down an abuse of power by Trump's EPA.
On Monday, the D.C. Circuit dealt a setback to Scott Pruitt’s deregulation efforts in Clean Air Council v. EPA. The case involved a tricky procedural issue. But the substance was simple: EPA, under Pruitt, had abused a reconsideration procedure under the Clean Air Act to stay a regulation for 90 days, when it had no power to do so. Indeed, its stated reason for doing so was purely pretextual. The regulation in question involved control of methane emissions for new a...
CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are "waters of the United States," protected under the Clean Water Act. The rule's most obvious application is defining when someone who disturbs a river or lake bed or wetland must obtain a permit from the Ar...
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