As Oil by Rail Gains Momentum, Is California On Track to Protect Human Health and the Environment?
A closer look at the data and key legal issues
California will soon see a surge in the number of trains carrying crude oil into the state, as oil production in North Dakota's Bakken region and Canada continues to increase, sending more crude to California refineries. Last week, the California Senate Environmental Quality Committee and Natural Resources Committee held a hearing on the safety of rail transportation of crude oil in California, focusing on emergency response. It was clear from that hearing and recent ...
CONTINUE READINGBiofuels and Food Prices
A recent economics paper suggests strongly that biofuels have raised food prices for the world's poor.
Berkeley economist Brian Wright has a disquieting article in the Winter 2014 issues of the Journal of Economic Perspectives, which just crossed my desk. JEP is published by the American Economic Association and is a great resource for those of us who are interested in economics but aren't professional economists. This article is a case in point. Wright's methodology is simple, at least in principle. He first creates a model for grain prices based on three facto...
CONTINUE READINGJustice Roberts Should Welcome EPA’s Proposed New Wetlands Rule
The Environmental Protection Agency today issued a proposed new rule that seeks to clarify exactly how far the federal government’s jurisdiction reaches in requiring permits for the dredging and filling of wetlands. In doing so, President Obama’s EPA is responding directly to Chief Justice John Roberts’ lament in his concurring opinion in Rapanos v. United States that the agency had failed to clarify its jurisdictional authority. Under Justice Roberts’ explic...
CONTINUE READINGBerkeley and UCLA Law Students Take Top Spots at State Environmental Law Negotiations Competition
Students bargain for environmental protection, economic benefits at annual event
Last Friday, the California Bar Association held its 15th Annual Student Environmental Negotiations Competition, at UCLA School of Law. Negotiations competitions stand beside mock trial and moot court programs as means for students to gain experience with the kind of work they'll be doing after law school. The CalBar competition is open to all California schools, and involves California or federal environmental laws and issues. In this competition, two-student tea...
CONTINUE READINGSea Level Rises, Premiums Not So Much
Congress apparently just couldn't resist restoring subsidies for coastal homeowners.
The President has now signed an important modification of the flood insurance program. The changes are hard to understand, in part because the bill changed an earlier 2013 law that itself amended the basic statute. So you have to work through the whole sequence to see what is going on. Before I go into more details, there seem to be three major changes: 1. The original law provided subsidized rates (roughly, at half price) for buildings that were there when a...
CONTINUE READINGReduced VMT from Millennials: Good News From an Unlikely Source
Younger people are driving less, even controlling for the flat economy
Last week I reported on the Caltrans survey findings showing that Californians seem to be driving less. Too good to be true? Perhaps. My always-pessimistic colleague Brian Taylor suspects that this is more about the Great Recession than about real changes in driving habits. Brian and his colleagues at the University of California Transportation Center recently issued a report closely connected with this issue, and sure enough, it finds that economic factors a...
CONTINUE READINGThe Perils of Rail Transit and Democracy
How Decentralized Decision-Making Can Screw Up Rail Planning and Implementation
Americans seem to love democracy but hate many of the results. We want governmental power to be decentralized, whether it's across three federal branches or with local control over sometimes regionally oriented land use decisions. But when the inevitable compromise that is required to get majority approval means a less-than-perfect result, from Obamacare to budget deals, or when it means no results at all, such as congressional gridlock, we complain and threaten to vote ...
CONTINUE READINGCalifornia’s Path to 2050
Recent research shows that California can meet its 2050 climate goals at an affordable cost.
Could California make deep cuts in carbon by 2050 (80% below 1990 levels)? Are the economics feasible? Those are important questions for California, but they also have a lot to say about what's feasible for the U.S. and other developing countries as a whole. Last December, UC Davis hosted a forum on the models that researchers use to address these models. The modeling work has been done in various places, including UC Berkeley, Lawrence Berkeley National Laborat...
CONTINUE READINGTwo good recent articles on environmental law
Regulating diffuse harms is a key future challenge for environmental law
JOTWELL is a blog dedicated to highlighting some of the best, recent legal scholarship. I recently posted a review there of two excellent recent articles in environmental law -- I think they're both terrific because they both highlight what I think will be an increasingly important issue in the future of environmental law: How we manage or regulate large numbers of actions that cause environmental harms that are individually small, but collectively large. Climate cha...
CONTINUE READINGAre Californians Finally Getting Out of Our Cars?
If Something Looks Too Good To Be True, Then It Probably Is
It looks like a miracle: Californians aren't depending quite as heavily on cars for commutes and errands as they did a decade ago, according to a new survey by Caltrans. Although driving is still by far the most dominant mode of transportation across the state, accounting for about three-quarters of daily trips, researchers say a decrease in car usage and a rise in walking, biking and taking transit indicate that Californians' daily habits could be slowly...
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