CEQA Reform 2013: Long-Overdue Changes for Infill and the Environment
It looks like State Senate pro Tem Darrell Steinberg might finally be putting the “E” back in “CEQA,” at least when it comes to how California’s premiere environmental law treats traffic impacts. His bill SB 731 to reform the California Environmental Quality Act (CEQA), previously discussed by Eric, is taking aim at the law’s perverse requirement regarding impacts from projects that affect the flow of traffic (known as “level of service” or “LOS"). Cu...
CONTINUE READINGThe Shape of Things to Come
The American Meteorological Society has released a report about the link between recent extreme events and climate change. Such attribution studies are very tricky, since natural variability is high. The most that can usually be said is that events of a certain magnitude have become more likely with climate change. The AMS report reflects a range of methodologies that can be used for this purpose. Some studies looked for statistical trends. Others compared te...
CONTINUE READINGCalifornia Poised to Take a Major Step Forward on Energy Storage
Energy storage isn’t called the “Holy Grail” for nothing. Without it, we simply cannot meet our long-term greenhouse gas reduction goals. To decarbonize the energy supply, intermittent renewable energy from the sun and wind must be stored for later dispatch when those resources aren’t available. We’ve covered this subject extensively here and here. Now California is ready to once again fulfill its promise as a global leader in clean technology and climate ch...
CONTINUE READINGSyria: The Wages of Climate Change
In considering the complex and painful question of whether to intervene in Syria, policymakers should take a close look at the memorandum published Monday on the Atlantic Monthly's website by William R. Polk, a State Department Policy Planning Staff member during the Kennedy Administration. I don't agree with everything Polk says, but it is one of the most thoughtful analyses I have read so far. Of particular interest is Polk's assessment of environmental factors -- i...
CONTINUE READINGA Farewell to August: Tax Private Jets!
For Dan, Labor Day means thinking about Labor. For me, it means thinking about the horrific traffic that Cape Cod summer residents face on their way back to wherever. Or rather, it means thinking about the ridiculous mode of transportation the some friends of mine used to avoid that traffic. My friends work for a fancy hedge fund in New Jersey. So how did they get to the Cape for their vacation? By private jet -- what else? As I told one of them, "As your fri...
CONTINUE READINGEnvironmental Law — Teaching Opportunities
It seems especially appropriate on Labor Day to spread the word about some job opportunities at law schools for teaching in environmental law and related fields. I'll update the list as new openings come in. The Florida State University College of Law seeks to hire a lateral, tenure-track faculty member to fill a named professorship and teach in the areas of environmental law, energy law, land use, natural resources law, coastal and ocean law, or water law, or a combi...
CONTINUE READINGEnvironmental Economics Textbook Competition
For lawyers who value what environmental economists have to say, you have a broad selection of texts to choose from. Here are Amazon's favorite environmental economics textbooks. Mine is the cheapest ($2) and the best one! ...
CONTINUE READINGDriven Past Endurance
This is probably not the best time to talk about the social cost of driving, given that many readers are probably planning to drive to see family. But no one is saying that you should never drive anywhere -- just that reducing driving has some positive benefits. The math is simple. The environmental impact of driving equals: (Emissions/unit of energy) x (units of energy/mile) x (miles traveled). Environmental regulators have done things to reduce emissions per...
CONTINUE READING(Tentative) ruling in cap-and-trade case looks good for CA: ARB has auction authority
It's never over till it's over, but for now California is breathing a little easier as it defends its cap-and-trade allowance auctions from two high-profile industry challenges. The cases, which Ann has discussed here and here, were filed by the California Chamber of Commerce and the Pacific Legal Foundation, and they make both statutory and constitutional arguments against the auction. Plaintiffs argue that ARB exceeded its authority under AB 32 when deciding to distr...
CONTINUE READINGShark Fins, Federal Preemption & the Ninth Circuit–An Update
Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California's recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who'd filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for the Ninth Circuit. There, in a move that surprised many observers, the fed...
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