California Archives - Page 78 of 125

Region: California

New York Nasty versus Los Angeles Nice?

Tomorrow, Los Angeles voters go to the polls to elect a new Mayor. (At least a few of them, anyway: current estimates predict only 25% turnout, about which more later). In September, New Yorkers will do the same. And depending upon the way things turn out, political and cultural reporters could have a field day. …

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Reforming Prop 65

With all the attention being paid to proposals to reform the California Environmental Quality Act in the state legislature, there is another landmark California environmental law that the legislature and Governor Brown are thinking of changing. In 1986, the voters of California enacted Proposition 65. The law requires notification to consumers and the public about …

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How eucalyptus trees are connected to denying climate change

Here on Legal Planet, we talk a lot about climate skeptics/deniers, and we’re highly critical of them (for good reason!). A lot of those climate skeptics/deniers are conservatives. But there’s no monopoly on scientific ignorance on one end of the political spectrum. An example of that is close to home here at UC Berkeley. In …

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California Supreme Court Upholds Local Government Bans on Pot Dispensaries

In its most important land use decision since 2011, the California Supreme Court has upheld local governments’ power to ban marijuana dispensaries within their jurisdictions. Last week the court unanimously rejected marijuana advocates’ claim that such local bans are preempted by California state law. The Supreme Court’s opinion in City of Riverside v. Inland Empire …

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Some Good News on California’s Water Planning

Last week at this time, I objected to an Associated Press piece showing how California has left unspent nearly $500 million worth of funds for water projects. At the end of article, there was a little note saying, “oh yes; experts think that California will need nearly $39 billion to update its water infrastructure.” Talk …

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A Funny Way to Celebrate Earth Day

My home institution of UCLA has decided to commemorate Earth Day in a clear and bold manner: it has banned tobacco on campus, starting on — well, today. The Westwood campus is the first UC to implement the ban, following a call from President Mark Yudof to go smoke-free across the 10-campus system by 2014. …

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California’s Unspent Water Funds: An Instinct for the Capillary

The AP reports today that California has failed to spend $455 million of federal money for improving the state’s water infrastructure, even though many of the state’s communities suffer from unclean water. The state has received more than $1.5 billion for its Safe Drinking Water State Revolving Fund over the past 15 years, but has failed …

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Guest Blogger Miriam Seifter: The Environmental Dimension of American Trucking

On Tuesday, the Supreme Court heard argument in American Trucking Associations, Inc. v. City of Los Angeles, a case addressing the preemptive scope of the Federal Aviation Administration Authorization Act (FAAAA). Over at Scotusblog, I’ve discussed the two relatively technical questions presented in the case. The first asks whether two provisions in the Port of …

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California Sued Again Over Cap-and-Trade Program

Pacific Legal Foundation filed suit today against the state’s Air Resources Board on the grounds that the auction of allowances under California’s cap-and-trade program constitutes an unconstitutional tax. In the new suit, Morning Star Packing Company v. California Air Resources Board, PLF argues that a) the auctioning of revenues constitute a tax which b) requires …

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Hydraulic Fracking in California: New Report Addresses Wastewater and Potential Water Impacts

Today, Berkeley Law released a new report on hydraulic fracturing (“fracking”) in California, focusing on wastewater and potential water quality impacts. The report, Regulation of Hydraulic Fracturing in California: A Wastewater and Water Quality Perspective, is an independent analysis produced by Berkeley Law’s Center for Law, Energy & the Environment (CLEE) through its new initiative, the Wheeler …

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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.

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

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.

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?

Lessons from philanthropist and conservationist Kris Tompkins after a visit to the UCLA Emmett Institute.