Region: California

Transit-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 …

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Hydrogen “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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Big 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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Ban 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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Commemorating 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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Oil 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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California, 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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The 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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Feds Downgrade Monterey Shale Oil Reserves by 95.6%

LA Times op-ed highlights increase in trains transporting oil into California

The U.S. Energy Information Administration (EIA) is reducing its previous estimate for technically recoverable oil in California’s Monterey Shale from 13.7 billion barrels of oil to just 600 million barrels of oil—a dramatic 95.6 percent reduction. Has the oil industry been chasing rainbows in search of illusive “black gold” Monterey oil? For years, the oil …

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California’s Infill Backlash

It’s here, and it needs to be addressed

For environmental and economic reasons, we want jobs and people to move back to our cities. People living in cities pollute less because they don’t drive as much and tend to live in smaller homes. Economically, they can save a lot of money on transportation and energy costs, while thriving neighborhoods can create cultural and …

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