Region: California
Misleading Attacks On California’s New Transportation Analysis Under CEQA
Big Law Firm Holland & Knight Misrepresents New State Guidelines
Last year, the California legislature passed badly needed reform to change how agencies evaluate a project’s transportation impacts under the California Environmental Quality Act (CEQA). The Governor’s Office of Planning and Research (OPR) was tasked with coming up with new guidelines for how this analysis should be done going forward. As I blogged about, the …
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CONTINUE READINGClosely Confined Chickens, Interstate Conflict & the Dormant Commerce Clause
Is Proposition 2, California’s Pioneering Animal Welfare Law, Unconstitutional?
Last week witnessed a most interesting constitutional showdown between sovereign states in U.S. District Court in Sacramento. At issue is animal welfare legislation California has enacted both at the ballot box and through its elected representatives. The enemy combatants are a coalition of midwestern states led by Missouri, aligned against the State of California, with …
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CONTINUE READINGTransit-Oriented Projects In California Won’t Be Penalized For Traffic Impacts Anymore
Governor’s Office Releases New Environmental Review Guidelines
Back in 2013, there was significant discussion about reforming the California Environmental Quality Act (CEQA), with the business community and its attorneys arguing that CEQA is nothing more than a litigation tool for opponents of new projects. Some environmentalists and labor unions countered that CEQA is necessary for decision-makers to adequately assess the environmental impacts …
CONTINUE READINGHydrogen “Fool” Cells Vs. Electric Vehicles
The debate over the best clean vehicle technology
California recently committed to spending $50 million on 28 public hydrogen fuel cell charging stations, throwing gasoline (bad pun) on the fire of a growing debate: electric vehicles vs, hydrogen fuel cells as the carbon-free vehicle technology of the future. California policy makers seem to think it may be both, based on their spending to …
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CONTINUE READINGBig Court Wins For High Speed Rail
More litigation to come, along with funding challenges, but construction can finally begin
The California High Speed Rail Authority secured a big legal victory in the state court of appeals yesterday, which overturned twin decisions by a trial court judge that threatened to derail (no pun intended) the entire program. Coupled with another appellate court win a week ago upholding the program-level environmental review on the Pacheco Pass …
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CONTINUE READINGBan the Quad?
The grassy Quad is emblematic of university life. But its days may be numbered.
When I picture a university, I immediately envision the quad: an area of grass and trees surrounded by campus buildings, like the photo from one of America’s oldest universities accompanying this post. But those beautiful lawns may need to go. That would be a bit sad, and not just because the students could lose a place to …
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CONTINUE READINGCommemorating the Yosemite Grant Act
150 years ago, Yosemite Valley was set aside for public use and recreation
We’re a little bit late on this one, but can’t let it pass completely unacknowledged. And actually the timing is perfect — when better to commemorate the national parks, famously called by Wallace Stegner (and later Ken Burns) “America’s best idea” then on Fourth of July weekend? 150 years ago this week, President Lincoln signed …
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CONTINUE READINGOil By Rail: Nine Things California Can Do to Increase Safety
While FRA Considers New Federal Regulations, States Can Ramp Up Prevention and Emergency Response
At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by …
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CONTINUE READINGCalifornia, climate change, and 111d
Four things the Golden State will note about EPA’s power plant proposal
Here are four aspects of the 111d proposal of particular note to Legal Planet’s home state. (1) California played a key role in helping to inspire — and to justify as lawful — EPA’s building-blocks approach to setting state goals. EPA frequently refers to California’s suite of successful greenhouse gas mitigation programs as a partial model for …
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CONTINUE READINGThe Legal Basis for the 111(d) Rule
EPA has structured the rules to protect against legal challenges.
Megan has done a great job of explaining the background of the rules and summarizing the proposal in her blog posts. I just wanted to add a quick note about how EPA has structured its rules in light of possible legal challenges. The fundamental issue facing EPA is how to define the “best system” for reducing …
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