Region: California

Is CEQA the problem?

Developing a better understanding of how land-use law and housing production interact in California

On Friday, the Governor signed a package of housing bills intended to help address the soaring costs of housing in many metro areas in California. Follow-up coverage of that bill package has (rightly) indicated that those bills are a drop in the bucket in terms of addressing California’s housing crisis. One theme that emerges in …

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Under the Radar: What States are Doing About Energy and Climate

Despite Trump, renewable energy is firmly rooted and growing across the nation.

What happens in Washington gets a lot of attention. You probably also follow what’s going on in your own state. But it’s very hard to know what’s happening at states across the country. In an effort to get a better sense of that, I’ve explored state activity on climate change and energy in a series …

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The CEQA Exemption that Ate LA

A bold attempt to get a huge exemption from state’s marquee environmental law

The California Environmental Quality Act (CEQA) is a state law that requires full analysis, public disclosure, and where feasible, mitigation of environmental impacts from state and local government projects, including permits for private development.  I’ve written before about the problematic nature of exempting specific projects from CEQA.  In general, my concern is that once you …

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How To Pay For Energy Efficiency Retrofits — Evening Conference At Berkeley Law On Sept 21st

Free event on Thursday, Sept. 21st from 5-7pm, will feature Energy Commissioner Andrew McAllister & Former FERC Chair Jon Wellinghoff

California has ambitious goals to make our existing buildings more energy efficient, through improvements such as wall and ceiling insulation and efficient appliances and fixtures. We simply cannot meet our long-term climate goals without more progress on this front. But these smart investments require upfront money, and it’s not clear yet how the state can …

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Webinar: Net Economic Impacts Of California’s Major Climate Programs On The Inland Empire

Free on-line event will take place on Tuesday, Sept. 12th, from 10-11am

Following the state legislature’s landmark approval extending California’s cap-and-trade program through 2030 by a supermajority vote, Berkeley Law’s Center for Law, Energy & The Environment (CLEE) and our research partners have completed the first comprehensive, academic study of the economic effects of existing climate and clean energy policies in Southern California’s Inland Empire. Together with …

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Did The California Supreme Court “Rip A Huge Hole” In Prop 13 & 218?

New decision could lower voter threshold for local government taxes by voter initiative

UPDATE: This post has been modified from its original version to reflect some ambiguity in the court’s decision that I missed on first read. California local governments have long been stymied in efforts to raise taxes for basic infrastructure and services by California’s constitution.  Two voter-approved constitutional amendments, Prop 13 and Prop 218, require that …

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The Trump Administration’s Arbitrary Review of National Monuments

Zinke’s review has been anything but transparent

Last Thursday, Secretary Zinke submitted a report to President Trump, recommending changes to national monuments. Although Trump’s Executive Order in April called for a “final report” within 120 days–the deadline was Thursday–the Interior Department’s press release called the report a “draft.” And as Holly Doremus explained on this blog, it has still not been made …

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Why isn’t Interior publicly releasing its monuments review?

Secretary Zinke announced that his Department has submitted its review of national monuments to the President, but he’s not ready to let you and me see it

Today, the Department of Interior announced that it had sent to the White House its report of the review demanded by an April Executive Order of national monument designations under the Antiquities Act over the last 20 years. In an ordinary world, I would have expected that announcement to be accompanied by a link to …

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200 Days & Counting: Environmental Threat Assessment

The Trump Administration presents a barrage of threats to the environment. Which threats are worst?

This is the last in our series on the state of play concerning U.S. environmental protection at this point of the Trump Administration. We can classify threats along three dimensions: the likelihood of harm, the seriousness and irreversibility of the harm, and the irreversibility of the institutional or legal change. Here’s an assessment of our …

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200 Days & Counting: State and Local Action

States and cities can do a lot to push back against Trump, but they do face some legal challenges.

In the Trump era, what avenues are open to state and local governments to use self-help to protect the environment? I’ve posted before about the opportunities for state and local governments taking action to protect their own environments. (here and here). Perhaps the most important recent development is the extension of California’s cap-and-trade program to …

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