U.S. Climate Law: A Broad & Rapidly Growing Field
There’s a lot of law relating to climate change. A lot!
In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on just a few elements. Cinnamon Carlarne and I have written a book that tries to give an overview of the whole subject, including U.S. and international law. I can’t do that in the confi...
CONTINUE READINGCan Sunshine Lower Sky-high Gas Prices?
Gov. Newsom and lawmakers think transparency can lower gas prices at the pump. What about transparency for the price of natural gas?
Calls are growing for more transparency in California’s energy markets. Gov. Gavin Newsom just signed his bill shining a light on gas prices at the pump. But when it comes to the recent surge in natural gas prices that jolted electricity and gas bills this winter, the next step is murkier. Regulators at the California Public Utilities Commission say they have opened an investigation. And Gov. Newsom has formally requested the Federal Energy Regulatory Commission do...
CONTINUE READINGThe Social Cost of George W. Bush
Bush promised climate action but reversed himself. The result: billions of dollars in global harm.
When Bush ran for President in 2000, he endorsed mandatory limits on CO2 emissions. Within three months of taking office, he reversed himself to the dismay of some members of his own administration. The upshot was that the US resisted any effort to address climate change and embraced a “drill baby drill” energy policy. You can blame Bush. Or if you prefer, you can blame the nefarious influence of Dick Cheney or perhaps the five Justices who put Bush in the White ...
CONTINUE READINGThe Texas Paradox
Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?
I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas. Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry from climate regulation at all cost. Which seems a little hard to square with the state’s reliance on renewable energy. It’s not as if the state’s exten...
CONTINUE READINGAchieving EV Battery Sustainability
CLEE issue brief looks back on 2022 EV battery supply chain milestones and forecasts 2023 decisions
Countries in key markets are accelerating their transportation decarbonization goals, which in turn is driving up demand for electric vehicles (EVs). Here in California, for example, the Air Resources Board approved the Advanced Clean Cars II rule in 2022, which establishes that all new passenger vehicles sold in the state must be zero-emission vehicles by 2035. California is not alone in its ambitions for an electrified future, and that future is not just for cars—oth...
CONTINUE READINGHow Can We Build Transmission Infrastructure Responsibly?
The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?
This is the second of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, and the third post, on transportation infrastructure; and RSVP for the Symposium here! The clean-energy transition that is one focus of the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) will require big changes in our electric...
CONTINUE READINGInfill Housing & Conservationists Finally Team Up
AB 68 represents long overdue legislation on where California should and shouldn't grow
A major new piece of housing and climate legislation was introduced in California this month, and it's been a long time coming. AB 68 (Ward) finally sets forth a powerful template for where the state should encourage new housing and where it should avoid planning for more, based on climate and environmental hazards. It represents the culmination of a long-sought alliance between major housing advocates like California YIMBY and conservation groups like The Natu...
CONTINUE READINGWhen Is It Legal to Consider Race in Regulating?
Two upcoming Supreme Court decisions will tell us a lot about the answer.
On Halloween, the Supreme Court heard oral argument in cases brought by Students for Fair Admissions (SFFA) against Harvard and UNC. These cases seem likely to move the Court closer to requiring colorblindness. How would that impact EPA’s ability to pursue environmental justice? Based on comments of the Justices during the arguments in the Harvard and North Carolina cases, observers believe that the Court will sharply cut back on the use of affirmative action by col...
CONTINUE READINGProposed Legislation Would Make Groundwater Adjudications More Fair
Guest Contributors Adrianne Davies, Owen McAleer, and Gabi Rosenfeld explain AB 779, a bill they worked on with State Assemblymember Lori Wilson.
By Adrianne Davies, Owen McAleer, and Gabi Rosenfeld California’s groundwater adjudication process is complex and inaccessible for many water users. As students in UCLA Law’s California Environmental Legislation and Policy Clinic, we partnered with State Assemblymember Lori Wilson’s office to find ways to improve this process. This project resulted in the introduction of AB 779, which will be heard this week by the Assembly Water, Parks and Wildlife Comm...
CONTINUE READINGNot Quite a “Windfall Tax”
SBX1-2 passes out of the California Senate... but won't get Californians their money back.
As Californians endured staggering prices at the gas pump during the summer and fall of 2022—in excess of $2 higher per gallon than the national average—Governor Newsom accused oil companies of “rank price gouging” and vowed to put money back in Californians’ pockets. He announced a special session of the California Legislature to address the issue, but then it was radio silence for months, leaving many to wonder whether the money would ever be “returned to t...
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