New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act
Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments
[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments. This article provides detailed historical research and analysis that underpins the op-ed we published in The Conversation a c...
CONTINUE READINGGuest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals
SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints
Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach to cap-and-trade. For a primer on SB 775 itself, we recommend excellent articles from James Temple at...
CONTINUE READINGWhat Are Law Schools Doing About Climate Change?
Quite a bit, as it turns out.
Law schools produce volumes of scholarship on climate change and energy issues. They also train the next generation of leaders in environmental law. Those are the traditional roles, but many law schools are also engaging more directly with those issues. I've put together a sample of some current programs, which illustrate the depth and diversity of law school engagement. Here are some programs that I found in a quick sampling of schools: An energy law clini...
CONTINUE READINGGuest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy
By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits
California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. Environmental justice must be at the center of this conversation. Taken together, the policy design laid out in SB 775 and AB 378 create one of the most effective and equitable paths forw...
CONTINUE READINGWhere To Build Housing In California Through 2030
Join Berkeley Law's Free Webinar On Wednesday, May 17th, 11am to Noon
California isn't building enough housing to meet jobs and population growth, and what housing is getting built is happening too much in sprawl areas on greenfields. While this greenfield-focused development may please pro-sprawl conservatives, it will worsen traffic and air pollution and keep the state from meeting its long-term environmental goals. To discuss where and what type of housing the state should be encouraging, please join me for an upcoming Berkeley Law w...
CONTINUE READINGPublic Lands Watch: Comment Period on National Monuments
You can share your thoughts on Interior's review of National Monuments
As we have noted in earlier posts, President Trump issued an executive order calling for the Interior Department to review a range of National Monuments created over the past 16 years through Presidential proclamations. The Interior Department has recently announced a public comment period for that review. If you are interested in sharing your comments about any of the National Monuments under review (list here), and what should be their future status, you can put yo...
CONTINUE READINGFinally, some good news from Congress
The Senate voted 51-49 Wednesday morning against considering a resolution to repeal Obama-era regulations targeting methane emissions from oil and gas operations on federal lands. The Senate was considering whether to vote on rolling back the rule under the Congressional Review Act, which allows the Senate to repeal rules within 60 days of enactment. Three Republicans voted against the resolution: Sens. John McCain of Arizona, Susan Collins of Maine, and Lindsey Graham o...
CONTINUE READINGGuest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775
The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism
The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the world. An important new proposal on the stage is SB 775 (Senators Wieckowski and de Leon). This bill woul...
CONTINUE READING“California Alone” Should Not Govern State Climate Policy
SB 775 Turns California Inward and Diminishes Its Role As Global Leader
Last week, Senator Bob Wieckowski (D-Fremont) introduced a new bill, SB 775, that would replace California's cap-and-trade system with a new approach to regulating California's greenhouse gas emissions beginning in 2021. There is much to admire in the new bill, including an aggressive pricing approach that would ensure that California’s carbon price remains high. The bill proposes returning to California residents much of the revenue raised from the carbon price in...
CONTINUE READINGThe Future of California’s Greenhouse Gas Cap and Trade Program After 2020: A Conversation
Posts on Legal Planet Over the Coming Week, Linked Here, Will Address Pending California Legislation on Cap and Trade from Multiple Perspectives
This post is the preface to a series of posts by multiple authors (including guests) over the coming week (starting May 9) about the future of the state's cap and trade program for greenhouse gases. Two bills, AB 378 and SB 775, are being debated by the environmental and environmental justice communities, and our bloggers will discuss their implications as the Legislature takes them up. The initial posts will focus heavily on SB 775, which is scheduled for an informa...
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