Solar Tariff Wars Heat Up

States that have helped boost rooftop solar installations through so-called net metering policies are beginning to scale back their subsidies under pressure from utilities.   As ClimateWire reported today (here's the link but it's behind a paid subscription wall), Hawaii's largest utility has just proposed rolling back the state's net metering policy, joining Arizona, California, Minnesota, Colorado, Georgia and other states in debating whether the policies for roof-top...

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Zero Trash

Using the Clean Water Act to Control Marine Debris in California

This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from the surface to the seafloor. Marine trash degrades habitats, and harms and kills wildlife. Pla...

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Food: Too Much and Too Little

Actual malnutrition among American children (weight more than two standard deviations below normal) is rare in the U.S. Most of the estimates that I found range around 1%. Still, there are roughly 45 million children under 12 in the U.S., so 1% amounts to almost half a million children. Malnutrition seems considerably more common among the elderly, although I had trouble finding reliable statistics. The best estimates seem to run around 5% for elderly adults living in th...

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Expanding Access To Energy Information To Boost The Clean Technology Sector

Joint UC Berkeley / UCLA Law Report Released Today

California is poised for a major energy transformation in the coming decades, with Governor Brown pledging to put the state on a path to 50% renewables and 50% less petroleum usage by 2030. Achieving this transformation will require a robust and thriving clean technology sector, including renewable energy and energy storage developers, energy efficiency contractors, smart grid hardware and software purveyors, and electric vehicle automakers, among others. But to ensur...

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Don’t Know Much ‘Bout Climatology

Why should we believe the scientists about climate change?  Nobody -- not even any individual scientist -- understand all the details of the IPCC's recent 1552 page "summary" of climate science.  So why buy into the idea that tiny amounts of gases from beneficial energy production can cause devastating global harm? Part of the reason is that scientists have had a great track record.  We trust our lives to supercomputer calculations about wing shapes and aerodynamic...

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How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex parte meetings – to the contrary, most commissioners and their advisors encourag...

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Killer Coal

Black lung has been the underlying or contributing cause of death for more than 75,000 coal miners since 1968, according to NIOSH, the federal agency responsible for conducting research on work-related diseases and injuries. Since 1970, the Department of Labor has paid over $44 billion in benefits to miners totally disabled by respiratory diseases (or their survivors). The annual death rate from mining accidents is 20-25 per 100,000, about six times the average industry...

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Justices To Rule on Whether Feds' Depression-Era Agricultural Regulations Unconstitutionally "Take" Farmers' Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices' order yesterday agreeing to review the constitutionality of state same-sex marriage bans--automatically making it the "blockbuster" issue before the Court this Term.  Largely overshadowed by that news was the justices' contemporaneous decision to revisit the interrelated issues of property rights, the Takings Clause of the U.S. Constitution and the respective rights of federal regulat...

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The Hottest Year (So Far)

Scientists at NOAA and NASA announced the 2014 was the hottest year since systematic record keeping began in 1880.  This is all the more striking because 2014 wasn't a strong El Nino year, when you expect especially warm global temperatures. If you leave on the East Coast or in the Midwest, you may not have noticed any warmth -- the eastern U.S. was the one land-area on earth that had a relatively cool year.  But the Western U.S. had very hot temperatures, making droug...

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America’s Future on the California Supreme Court

I'm not sure that anyone has pointed this out before: as of last week, when Justices Mariano-Florentino Cuellar and Leondra R. Krueger were sworn, the California Supreme Court does not have a single white male. I believe that that is the first time in US history where that has happened on a high court in any of the 50 states, including Hawai'i (and obviously for the US Supreme Court as well). That is the demographic direction in which the nation is headed. And lots of pe...

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