California Archives - Page 72 of 125

Region: California

California’s Proposed Drinking Water Program Reorganization: A Primer

What would the shake-up mean for those who currently lack affordable access to safe drinking water?

A shake-up of California’s struggling Drinking Water Program is in the works. What follows is a little history, context, and a few thoughts on what it will likely mean for drinking-water stakeholders—in particular those who have the hardest time accessing safe drinking water. A history of problems for the Drinking Water Program Last April, Jonathan …

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The ballot-box and urban infill

How the initiative power affects land-use decisions in California

Here at Legal Planet we’ve been paying a lot of attention to how CEQA affects land-use decisions. So has the legislature. And that’s fair enough. CEQA is important. And CEQA may well be deterring an important range of urban infill development that is environmentally important. But it’s not the only thing that affects urban infill …

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Ten Energy Stories to Watch in 2014

What will shake the energy world this year?

In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …

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Are Transit Strikes Bad for the Environment?

Banning public transit strikes might help the environment

Even if you’re not from the Bay Area, you’ve probably heard about the labor troubles at the Bay Area Rapid Transit system (BART) – the rail system that is one of the largest public transit providers here in the Bay Area in terms of passengers. Hundreds of thousands of commuters use the BART system on …

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If You’d Like to Support Our Environmental Work

It’s not too late for the last tax-deductible gift!

“The time has come,” the Walrus said, “To speak of many things, Of shoes–and ships–and sealing-wax– and gifts to the UCs.” OK, so Lewis Carroll didn’t write that. But just in case you might be thinking about making a gift at the end of the year, you might consider the UC Berkeley and UCLA environmental law programs …

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New on Ecology Law Currents

Ecology Law Currents, ELQ’s online companion, features lively short-form commentary. Check out the latest, an analysis of California’s cap-and-trade program. Author Penni Takade argues that the program has two key weaknesses: The first weakness is the process of allocation for GHG allowances to regulated firms. Under California’s allocation process, cap and trade will exacerbate economic …

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Eco-Friendly Gift Guide

Gift Ideas to Keep Your Holidays Green

To celebrate the holiday spirit, here are some gift ideas for your eco-savvy friends and family. May your holidays be warm (but not too warm) and bright. For the foodie: An “Eat Local” calendar For the techie: A portable solar charger For the minimalist: The gift of carbon offsets For the chef: A reclaimed wood …

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Going for Broke at the Climate Casino

The new Nordhaus book is good as far as it goes. But its analysis is muddled in crucial respects.

I finally had a chance to read Nordhaus’s new book, The Climate Casino, on a long flight. There are some goods lessons in the book. The book makes the case for serious mitigation, even rhough Nordhaus takes a fairly optimistic view about adaptation. Nordhaus also tells us that “it would be relatively inexpensive to slow …

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With Utility Power Purchases, Does the Environment Matter?

When does the approval of a contract trigger environmental review?

If an electric utility asks regulators to approve a contract to purchase power from someone else’s power plant, should the regulators consider the environmental implications before saying yes or no? Of course they should. But let me ask the question again, using a bit of California legalese: Does a decision by the California Public Utilities …

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Why Pollution Regulations Aren’t Taxes

Opponents of environmental regulations love to call them hidden taxes. But constant repetition doesn’t make this idea true.

If you’ve seen a statement that regulations are hidden taxes, that’s not too surprising. Googling “regulation hidden taxes” produces over three million hits. But in fact, pollution regulations and taxes are completely different. The reason is simple. A tax removes value from the private sector. Environmental regulations simultaneously remove value from one part of …

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Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Region: California

What would the shake-up mean for those who currently lack affordable access to safe drinking water?

How the initiative power affects land-use decisions in California

What will shake the energy world this year?

Banning public transit strikes might help the environment

It’s not too late for the last tax-deductible gift!

Gift Ideas to Keep Your Holidays Green

The new Nordhaus book is good as far as it goes. But its analysis is muddled in crucial respects.

When does the approval of a contract trigger environmental review?

Opponents of environmental regulations love to call them hidden taxes. But constant repetition doesn’t make this idea true.

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

We used to have the Chevron test? What test do we have now?