Region: California
Supreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …
CONTINUE READINGTo Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment
by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann
After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …
CONTINUE READINGU.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …
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CONTINUE READINGInfill Housing & Conservationists Finally Team Up
AB 68 represents long overdue legislation on where California should and shouldn’t grow
So where should the state build more housing, according to AB 68? It defines those places in the following “climate smart” ways: If a housing development is proposed in these areas, the project gets “ministerial” approval (i.e. exempt from environmental review), and a local government cannot limit the development beyond any of the following: There …
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CONTINUE READINGProposed Legislation Would Make Groundwater Adjudications More Fair
Guest Contributors Adrianne Davies, Owen McAleer, and Gabi Rosenfeld explain AB 779, a bill they worked on with State Assemblymember Lori Wilson.
By Adrianne Davies, Owen McAleer, and Gabi Rosenfeld California’s groundwater adjudication process is complex and inaccessible for many water users. As students in UCLA Law’s California Environmental Legislation and Policy Clinic, we partnered with State Assemblymember Lori Wilson’s office to find ways to improve this process. This project resulted in the introduction of AB 779, which will …
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CONTINUE READINGNot Quite a “Windfall Tax”
SBX1-2 passes out of the California Senate… but won’t get Californians their money back.
As Californians endured staggering prices at the gas pump during the summer and fall of 2022—in excess of $2 higher per gallon than the national average—Governor Newsom accused oil companies of “rank price gouging” and vowed to put money back in Californians’ pockets. He announced a special session of the California Legislature to address the …
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CONTINUE READINGCleanup On Aisle NIMBY!!
The California Legislature’s new duplex bill shows that lawmakers have had it with resistance to housing.
I wrote a few weeks ago on a Terner Center report concerning SB 9, California’s law allowing single-family lots to split and put in duplexes as a matter of right throughout the state. Essentially, the message was simple: localities were engaged in a Massive Resistance to the state mandates, throwing sand in the gears at …
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CONTINUE READINGStakeholder Engagement in California Offshore Wind Development
State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.
As California continues to develop plans for floating offshore wind (OSW) implementation, state leaders have an opportunity to forge a national example on stakeholder engagement and energy justice. California can achieve this, not just by (for example) incorporating environmental justice (EJ) principles into agency analysis and planning or by increasing consultation with tribal entities, but …
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CONTINUE READINGWhy the Bay Area’s Zero-Emission Appliance Rule is a Big Deal
BAAQMD’s trailblazing rule will ban the sale of new gas furnaces and water heaters to combat nitrogen oxide pollution. It marks a big victory for public health and the planet.
Air quality officials in the San Francisco Bay Area just made history by moving to adopt the nation’s first rules phasing out new gas-fueled water heaters and furnaces in homes and businesses within about eight years. This action serves as a major step in the effort to curb health-harming and planet-warming emissions from buildings. Several cities …
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CONTINUE READINGCap and Trade Heats Up—For Better or Worse
Prices are high and markets are proliferating as program designers lean away from the more controversial elements of carbon trading.
This past year has been big for cap-and-trade-style systems, and that momentum looks like it’s continuing in 2023. Recently, we’ve seen new programs start up in Oregon and Washington, a proposal in New York State for new carbon markets, and sustained high prices in existing programs in California and the Northeast. Although these programs differ …
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