Allowance distribution in California’s cap-and-trade program (Part II: Industry)
Yesterday I developed a basic overview of the different categories of allowances in California's GHG trading program. As promised, this post considers the number of allowances that California will freely give to specific industries. Why do we care about industry allowances? First, allowances have value and the Air Resources Board (CARB) has chosen to give many allowances to industries that CARB believes have "transition risk" and "emissions leakage risk." Transition ri...
CONTINUE READINGOn the risks of CEQA exemptions
In the course of a very good post about the benefits of environmental review statutes such as CEQA, Jonathan ascribed to me the position that “policymakers should [not] continue to look for useful exemptions to CEQA” based on a prior post that I had written opposing recent (now enacted) legislation creating limited exemptions from CEQA for certain kinds of development projects. Since I appear to be a minority on this blog in my position, I thought I should expand o...
CONTINUE READINGLaw Schools in the Public Interest: Environmental Programs in the Northeast
This is the final installment in a series of posts about the public service activities of environmental law programs. There are a lot of law schools in this part of the country; space allows the inclusion of entries from only a few of them: A clinic that represents solar power companies, assists communities with climate change adaptation, and investigates fracking. A website that comprehensively tracks climate change litigation and regulation. An environmental perf...
CONTINUE READINGAllowance distribution in California’s cap-and-trade program (Part I)
Yesterday, I described California's GHG cap-and-trade auction and the likely constraints on the auction clearing price. Today I want to switch gears to the allowance distribution. As summarized in our recent paper on California's auction revenue, once you know the number of allowances available at auction and the auction clearing price, you can estimate revenue. Describing the constraints on revenue is our eventual goal. Unfortunately, there are several categories of al...
CONTINUE READINGU.C. Davis Issues Nitrates in Drinking Water Study
The University of California at Davis has issued an important new study assessing the public health hazards associated with nitrates in California drinking water. The study, led by U.C. Davis Professors Thomas Harter and Jay Lund, contains some important and disturbing findings. The full study can be found here, the Executive Summary here. The new U.C. Davis study is a result of 2008 legislation directing the State Water Resources Control Board to prepare a report for...
CONTINUE READINGEnvironmental Law’s Lessons for the Health Care Mandate
The drafters of the health care reform law might have learned something from environmental policy makers when it comes to mandates and public opinion. When the five conservative U.S. Supreme Court justices expressed a visceral reaction against the government compelling citizens to buy health insurance last week, their distaste was not unlike the visceral reaction many citizens have to mandates in environmental contexts. But in the environmental world, policy makers ha...
CONTINUE READINGAuction prices in California’s cap-and-trade program
This week, the Emmett Center released a new paper on the potential legal constraints on revenue generated from California's upcoming greenhouse gas (GHG) cap-and-trade auction. In that paper, we provide a general overview of the cap-and-trade auction mechanism and discuss the potential revenue raised. I would like to expand on that discussion in a series of posts, starting here with auction pricing. After a trial run in August, CARB will begin auctioning some allowa...
CONTINUE READINGSupreme Court Grants Review in Takings/Flooding Case
The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State of Arkansas. But the litigation also raises the threshold legal issue of whether such property damage claims should ...
CONTINUE READINGWill California’s cap-and-trade program get 85% of its reductions from offsets?
Will California's greenhouse gas (GHG) cap-and-trade program meet 85% of its required reductions with offsets? That is the claim made in a complaint recently filed in a California Superior Court, seeking to throw out California's offset regulations. (Citizens Climate Lobby v. CARB.) The complaint cites a NY Times article from 2011, in which someone from California's Air Resources Board (CARB) says that 85% is theoretically possible under one scenario, but "the scenario u...
CONTINUE READINGPeter Douglas, RIP
Peter Douglas, who did more than anyone else to preserve the California coastline, has died at the age of 69. Rick and I discussed his retirement a few months ago here and here. He will be sorely, sorely missed....
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