Can a Taco Stand Be a Historic Monument?

The owner of Henry's Tacos, at the corner of Tujunga and Moorpark in the glorious San Fernando Valley, thinks it can: The third-generation owner of Henry’s Tacos has filed an application with the City’s Office of Historic Resources to have the taco stand declared a Historic-Cultural Monument. Janis Hood, granddaughter of founder Henry Comstock, hopes to preserve the building “if any development issues come up in the future,” her representative, Charles Fischer...

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Is There Really No More Room For Forests?

If you have even a passing interest in things environmental, and you keep yourself relatively well-informed, then no doubt you saw Justin Gillis' superb page one NYT story on Saturday, about the decline (and at times possible increase) of forests; how forests provide critical carbon sinks to mitigate climate change; and how that climate change is itself threatening the forests that mitigate it (aka negative feedback loop, vicious circle, etc. etc.).  As they say, read t...

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Energy Storage — A Current Assessment

Berkeley Law's Center for Law, Energy & the Environment (CLEE) recently finished work on a comprehensive assessment of energy storage technologies.  The California Energy Commission is expected to issue the report soon.  Prepared in collaboration with researchers at UCLA and UC San Diego, the study recognizes the critical role various energy storage technologies (such as batteries, compressed air, and hydro pumped storage) can play in adapting the grid to the inter...

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Chris Christie and the Environment

There's a lot of buzz about New Jersey Governor Chris Christie as a possible GOP presidential candidate.  As with the other candidates in the race, it seemed like a good idea to check into his positions on environmental issues. The first thing that becomes clear is that he's enthusiastic about renewable energy and energy efficiency.  He likes offshore wind generation but opposes offshore drilling and LNG facilities. For instance, in terms of renewables, a press rel...

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Does the Tea Party Cause Unemployment?

I've done several postings about the theory that regulatory uncertainty causes unemployment.  I'm skeptical of the claim as a general matter, but if there's any validity to it, one of the major causes of regulatory uncertainty is the Tea Party, along with other libertarians and opponents of regulation. It's not hard to see how the prospect of deregulation could cause businesses to delay investments and hiring: Why build a new power plant today when you may be able to...

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California Sup Ct Lets California Continue Its Cap and Trade Work

The California Supreme Court issued an order today that allows the California Air Resources Board (CARB) to continue implementing its cap and trade program. The history here is somewhat convoluted.   The state's plan (called the scoping plan) to implement the California Global Warming Solutions Act contains within it a cap and trade program.   A group of environmental justice advocates has long opposed cap and trade as a means to reduce greenhouse gases and voice...

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Regulatory Uncertainty & Jobs: The Evidence

It remains a common refrain that regulatory uncertainty is causing joblessness.  The evidence indicates that this is simply wrong.  Consider three major facts. First, as Think Progress has pointed out, unemployment is currently lowest in health care, extractive industries, and the financial sector -- exactly the areas where there is the most on-going regulatory effort. Second, the Economic Policy Institute reports that the percentage of small business owners who repo...

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Happy New Year from Ecclesiastes

To all who are celebrating Rosh Hashanah, a big Happy New Year from Legal Planet. And what would a Jewish holiday on a legal website be without a text?  In this case, the text is Kohelet Rabbah, the 8th Century CE rabbinic commentary on the Book of Ecclesiastes.  The rabbis read Ecclesiastes' line (7:13), "See the work of God..", and commented: When the Holy One, Blessed be He, created Adam, He took him and caused him to pass before all the trees of the Garden of Eden...

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Accounting for The Harm of Coal

Much of the effort to rollback current EPA regulations focuses on coal-fired electrical power plants.  An article in the August issues of the American Economic Review sheds light on the issues at stake.  "Environmental Accounting for Pollution in the United States Economy" is an effort to assess the damages caused by various polluting activities. The findings show that, contrary to current political mythology, coal is underregulated.  On average, the harm produced by...

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California Governor Brown Signs CEQA Reform Bills

Today California Governor Jerry Brown signed into law legislation amending the California Environmental Quality Act (CEQA) to facilitate construction of both a major new sports stadium in downtown Los Angeles and large "environmental leadership development projects" involving financial commitments of at least $10 million and that incorporate substantial urban infill or renewable energy components. This controversial legislation, enacted in the waning hours of the Califo...

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