To Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment
by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann
After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and are intensifying. Historically, the amount of precipitation that falls in California has been more variable from year-to-year...
CONTINUE READINGThe Car Rule and the Major Questions Doctrine
Claims that the new rule violates the doctrine are groundless.
Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. No doubt the same attack will be made on the Administration ambitious proposed post-2026 standard. Maybe J...
CONTINUE READINGUnprecedented Legal Questions
The climate crisis is unprecedented. So is its legal fallout.
In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing courts in favor of greater rigidity by embracing backward-looking doctrines like textualism and originalism while disengaging from the Che...
CONTINUE READINGThe Debt Ceiling and the Environment
GOP demands would devastate environmental protection
Kevin McCarthy sketched the outlines of his opening demand to raise the debt limit last week, and the bill has now been released. If adopted, it would have a devastating impact on environmental protection and climate action. One impact would be budgetary – repealing much of the Inflation Reduction Act while kneecapping EPA’s ability to implement environmental laws more generally. McCarthy is also demanding regulatory changes that would foster fossil fuels and h...
CONTINUE READINGThree Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision
This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.
On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly awaiting this opinion, in the hopes that it would clarify the scope o...
CONTINUE READINGBuilding Climate Resilience in California’s Insurance Sector
New report recommends strategies to prepare industry for a changing climate and economy – plus interview with Insurance Commissioner Lara
California’s insurance sector faces significant risks from climate change. These include both the transition risks facing all financial institutions as the global economy shifts toward decarbonization, and the singular combination of physical risks–wildfire, drought, coastal hazards, extreme heat—that threaten California’s communities and businesses. Accurately assessing these risks will be vital to ensuring the long-term viability of the insurance market in C...
CONTINUE READINGThe Latin American Lithium Industry is at a Crossroads
Policies set now by Argentina, Bolivia and Chile could determine the course of lithium mining—and the fight against climate change.
It may be one of the most overused clichés favored by headline writers, but nonetheless, it is true that the Latin American lithium industry is at a crossroads. The regulatory decisions made by the Governments of Argentina, Bolivia, and Chile in the following months and years will set the course for the lithium industry, with significant consequences for the planet’s future. Lithium generalities Lithium has various uses, from antidepressant medication to g...
CONTINUE READINGThe Impacts of Explicitly Racist Land Use Practices Persist in California Communities. Is It Time for State Intervention?
A new report from the Frank G. Wells Environmental Law Clinic explores the relationship between California’s long history of racism in land use and environmental permitting. It also shows the path forward.
The Frank G. Wells Environmental Law Clinic and the Leadership Counsel for Justice and Accountability have released a new report, Concentrated Overburden, that explores the connection between California’s history of racialized land use practices and environmental injustice throughout the state. The report provides recommendations for actions by the California Legislature to soften the impacts of past discrimination in how––and under what circumstances––loca...
CONTINUE READINGWhy the Inflation Reduction Act Can’t Be Repealed
Republicans are trying to undermine the IRA, but there are at least 370 billion reasons why the landmark climate law will not be rolled back by a future Congress or administration.
There’s a ton of questions about the future efficacy of the Inflation Reduction Act. But whether the law will be reversed before it can get going is not one of those questions. That’s the most basic takeaway from the April 12 policy symposium convened by the UCLA Emmett Institute about the new federal laws to address climate change. It’s not overly paranoid to consider that possibility of repeal, of course. “We've all now lived through several pendulu...
CONTINUE READINGThe Revenge of the Lawyers
Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.
As you’ve probably heard, the Biden Administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress rather than on a purely economic analysis. That may not sounds like much, but it’s a really big deal...
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