Region: California

California Housing Reform Goes Into Suspended Animation

NIMBYs Win A Battle, But Trench Warfare Continues

  The NIMBYs have won a battle: A high-profile bill that would have increased home building near mass transit and in single-family home neighborhoods across California has been killed for the year, ending a major battle over how to address the state’s housing affordability crisis that has attracted attention nationwide. Senate Bill 50 by Sen. …

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U.S. Supreme Court Declines to Revive Challenge to Oregon Clean Fuels Program

Legal Challenges to Oregon & California Vehicle Fuel Carbon-Intensity Standards Close to the End of the Line, Clearing Path Forward to Transformative Reductions in Greenhouse Gas Emissions from Transportation Sector

In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. This is third in that series. This past Monday, the U.S. Supreme Court denied review of a federal appeals court decision upholding the legality of Oregon’s Clean Fuels Program. That decision finally frees …

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Developing a Decision-Support Framework for Curtailment

Part 5 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

During a drought, California’s limited water supplies should be allocated transparently, efficiently, and predictably in accordance with the priorities that flow from state and federal law.  But what does this mean in practice? What happens when there is not enough surface water to go around in a watershed?  California water rights law says that certain …

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Climate Change and Your Family’s Future

How much climate change will you see in your lifetime? How about your kids? 

If you think about yourself and the two generations after you, a lot depends on your current age, whether you already have kids, etc.  To keep this from getting too complicated, let’s focus on someone who was born in the US at the start of the millennium, in 2000.  To simplify, I won’t specify gender …

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Genetically Modified Organisms Return to the International Policy Agenda

March Against Monsanto, Vancouver, May 25, 2013. Photo by Rosalee Yagihara, CC BY 2.0

This first in a series begins by looking back at GMOs and environmental law

Although the big news in international biodiversity this week was the release of the summary of the first global assessment from a relatively new UN-affiliated body, the topic of another report warrants attention as well. Yesterday the International Union for Conservation of Nature (IUCN) published its findings on “the potential positive and negative impacts of synthetic …

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You Can’t Fool All Of The People All Of The Time

California Cleans Trump’s Clock In Court

  Sometimes judges can read: In its rush to delay, repeal and rewrite rules it considers unduly burdensome to industry, the administration has experienced significant setbacks in court. Federal judges have sided with California and environmental groups in cases concerning air pollution, pesticides and the royalties that the government receives from companies that extract oil, …

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Congestion Pricing in New York City: What Can California Learn?

California isn’t New York. But it should watch the city’s plan closely as it develops.

New York’s state legislature last month enacted legislation to institute the nation’s first congestion pricing plan in New York City. A new commission within the existing Metropolitan Transportation Authority will develop the plan’s structure and details over the next two years, so very few specifics are known at this time. But as cities in California …

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Pouring More Concrete Just Increases Traffic, Part The Millionth

In Other News, Water Is Wet

  Department of Duh: Five years ago this month, a northbound carpool lane opened on the 405 freeway, between the 10 and 101 freeways, widening 10 miles of the interstate. It took half a decade to construct and cost more than $1 billion. Since then, average northbound drive times through the Sepulveda Pass have increased at all …

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From Brussels to the Bay: Sustainable Finance in the EU & California

Berkeley Law Conference on Thursday, May 23rd, with State Controller Betty Yee, European Commission Director Mario Nava & CLEE’s Dave Jones

Join Berkeley Law’s Center for Law, Energy and the Environment (CLEE) and the European Union for a roundtable discussion on regulatory developments in sustainable finance and responsible investment. Hear from European Commission Director Mario Nava, of DG FISMA (the European Commission department responsible for EU policy on banking and financial services) on the state of …

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Groundwater Recharge in the SGMA Era

California clarifies beneficial use guidelines for recharge projects addressing SGMA undesirable results

Implementation of the Sustainable Groundwater Management Act (SGMA) was always going to be tricky. Part of the necessary growing pains of SGMA is determining how the revolutionary statute interacts with traditional tenets of water law. As with any other sweeping legislative change, SGMA does not provide direct answers for every practical question which arises as …

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