California’s internecine water war

Dianne Feinstein versus Barbara Boxer; maximizing water deliveries versus protecting the environment

If you thought California was immune to the season of political craziness, think again. California Democrats Dianne Feinstein and Barbara Boxer were elected to the Senate together in 1992. They are usually on the same side, but not always. Water is one of the issues on which they often part company. Feinstein is a water hawk who favors robust deliveries to Central Valley agriculture. Boxer, who will retire from the Senate at the end of this session, is an environm...

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Revised SLCP Strategy Demonstrates the Impact of SB 1383

Many in the environmental community, myself included, heralded the passage of SB 1383 in the California legislature. This bill is the first state law to target short-lived climate pollutants (SLCPs), and it codified the reduction goals that ARB had adopted as part of its general GHG reduction agenda. This is not a trivial accomplishment – legislatively set targets are much, much harder to change or get rid of than targets set in regulations or agency policy. Despite th...

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Turnabout is Fair Play

The same tools that have been used to stymie the Obama Administration can be turned against Trump.

Conservatives and industry have perfected some legal tools to block regulation by the Obama Administration.  Those tools can be turned against them, by using the same tools to block anti-regulatory moves by the Trump Administration.  As a professor, I don't necessarily agree with all of them.  But as a lawyer, I wouldn't hesitate to use them on behalf of my client. Here are some illustrations. 1.Cost-Benefit Analysis.  Many environmentalists loathe cost-benefi...

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Scientific integrity in the Trump administration

We can't tell yet what role science will play in the new administration's policy choices, but there is reason for concern

  There has understandably been a great deal of hand wringing in the environmental policy world since the US presidential election, including on this site (see, for example, Sean's post here, Dan's here, and Ann's here). There are so many hands to be wrung, however, that we're nowhere near through them all. One topic that has not yet gotten much coverage is the potential for a new administration to do mischief to the federal government's production and use...

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Searching for Votes in the Senate

Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.

Paul Ryan and Donald Trump have vowed to roll back many environmental protections.  The Senate seems to be the one barrier against anti-environmental moves by Congress.  How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats' 48 votes in the Senate give them plenty of leeway in halting anti-environmental initiatives, even if they lose several votes. But there are ...

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Trump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy

The Media Need to Take Trump's Advisors, and Their Policy Proposals, More Seriously Than They Take Trump's Off-the-Cuff Comments

The media need to get their act together when they report and editorialize about President-elect Donald Trump's public statements.  Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates' rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed to confusion and apathy about how each candidate was most likely to govern.  To those of us who ha...

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Surviving the Trump Research Funding Drought

A Model for State Support of Climate and Energy Research

Federal funding for research on renewable energy and climate change is likely to take a nose-dive under Trump. For instance, a senior advisor recently announced that NASA's earth sciences research program would be scrapped. In a previous post, I argued that state governments should help pick up the slack. Doing so could have economic benefits in energy tech for those states, as well helping to fight climate change around the world. By the way, in referring to renewable e...

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TSCA Update: EPA Selects First 10 Chemicals for Risk Evaluation

Asbestos included in first 10 chemicals EPA will evaluate for human and environmental risks under TSCA

Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA).  These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years.  If EPA finds a chemical presents an “unreasonable risk” to humans and the environment, it must mitigate that risk within two years.  In theory, then, these te...

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Conflicting News about President-Elect Trump and Climate Change

Transition Team Uniformly Anti-Climate but Trump Signals Open Mind to NY Times

Today we got a sliver of hope from President-Elect Trump about remaining in the Paris Agreement.  He also acknowledged a connection between human activity and climate change, something obviously at odds with his campaign rhetoric.  Trump told the New York Times he would "keep an open mind" about the U.S. commitment to the Paris Agreement.  He also said he thinks there is " “some connectivity" between human activity and climate change.  He added, "Some, something....

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Something Else to Be Thankful For — Inertia!

Meet your new best friend: gridlock, litigation delays, and red tape.

Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It's ironic that environmentalists should now be grateful for all the features that hold up change, since they usually think of themselves as the vanguard of progress. But right now, you can add inertia to your list of thin...

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