California Adopts Nation-Leading Legislation to Cut Plastic Pollution
Extended producer responsibility law will reduce single-use waste and shift responsibility to industry
In a welcome reprieve from news coming out of the Supreme Court, here’s an uplifting story from the Golden State: On Thursday, Governor Newsom signed SB 54, a comprehensive piece of legislation aimed at significantly reducing single-use waste. The law will affect just about every type of plastic packaging you see walking down the supermarket aisle in California, and it’s a major step in the fight to reduce plastic waste, over 90 percent of which does not get, and...
CONTINUE READINGEPA’s Best Option: Co-Firing
Yesterday’s decision leaves open a powerful regulatory tool.
What can EPA do to cut carbon emissions from coal-fired power plants after yesterday’s decision in West Virginia v. EPA? The decision clearly ruled out any direct mandate to shift generation from coal generators to cleaner power generators. But the Supreme Court didn’t endorse Trump’s ultra-limited interpretation of the law either. This leaves EPA with a powerful regulatory tool: a requirement that generators add natural gas or other lower-carbon fuels to their...
CONTINUE READINGCatch 22 at the Supreme Court
When "All-encompassing" Isn't
There is quite a bit to unpack with West Virginia v. EPA. I will leave to others a discussion of “major question doctrine” and other aspects of the West Virginia case. I want to focus on the disingenuous way the Supreme Court deals with a previous ruling, and its implications for states. In 2011, in AEP v. CT, the Supreme Court said this: We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement o...
CONTINUE READINGSome quick reactions to W Va v. EPA
The bad and the good
Dan already has a good post up on the basics of the Supreme Court's ruling today in the climate case West Virginia v. EPA, with initial thoughts on its implications (and more to come, I'm sure). Here are some quick thoughts from my morning's reading of the case, in which William Boyd, Andria So and I filed an amicus brief on behalf of electricity grid experts in favor of EPA's position. First, the bad: The Court struck down an important and well-justified regulation...
CONTINUE READINGThe Supreme Court Curbs Climate Action
The ruling in West Virginia v. EPA was about as good as we could expect given the makeup of the Court.
Today, the Supreme Court decided its most important environmental case since 2007. We didn't dodge the bullet. It's more than a flesh wound but it didn't hit any vital organs . Chief Justice Roberts's majority opinion leaves EPA other options to reduce carbon emissions from coal-fired power plants. It also gives a fairly narrow reading to a legal doctrine that could limit the fallout from the case in terms of other regulatory powers. Here is the Court's reasoning ...
CONTINUE READINGUnquantified Benefits
How can the government account for benefits that it can’t measure?
Like it or not, quantitative cost-benefit analysis has been a key part of the regulatory process for forty years and seem likely to stay that way. Yet even economists admit that they don’t (yet) know how to put numbers on the value of some important regulatory benefits. But how can those qualitative assessments be combined with a quantitative analysis? One possible answer is that how to combine those factors is basically a value judgment that the President and h...
CONTINUE READINGWill Russia “Win” the Climate Crisis?
It’s complicated. But probably not.
The conventional view is that climate change is going to be a great thing for Russia. The reason is pretty obvious: a lot of Russia is cold and icy right now; warming will be an improvement. That’s likely to be true in some ways, but warming may be a mixed blessing. Whether what is good for Russia will turn out to be good for the Russian people is another question. The conventional view is spelled out in a NY Times Magazine article. The article’s theme is in its...
CONTINUE READINGWill Rights of Nature Save The World?
Examining whether granting legal rights to nature could make a difference in how courts understand environmental law
A number of environmental advocates have been pushing a new strategy for environmental protection – seeking to pursue legal rights for elements of nature (such as rivers, lakes, ecosystems, or species), sometimes in alliance with Native American tribes. This approach is not unique to the United States – rights of nature legal approaches have been used in New Zealand, Bolivia, and Ecuador. Will this approach produce better outcomes for environmental law? A rece...
CONTINUE READINGTwo FERC Cases and Why They Matter
Last week’s D.C. Circuit cases illustrate why environmental lawyers need to understand FERC.
The Federal Energy Regulatory Commission (FERC) has been called the most important environmental agency that no one has heard of. At the end of last week, the D.C. Circuit decided two undramatic FERC cases that illustrate FERC’s environmental significance. One involved a bailout to coal and nuclear plants, the other involved water quality. The first case, Turlock Irrigation District v. FERC, involved FERC’s role in approving licensing and relicensing of hydroele...
CONTINUE READINGGuest Contributors Jasmine Robinson and Jessica Vived: Proposed Extreme Heat and Air Quality Protections for Agricultural Workers Advance in California Legislature
AB 2243 resulted from a partnership between law students in UCLA Law's California Environmental Legislation and Policy Clinic, UCLA’s Food Law and Policy Clinic, and Assemblymember Eduardo Garcia
We are students in UCLA Law’s California Environmental Legislation and Policy Clinic, a course in which students work with legislative staff in the California State Legislature to advance environmental policy goals. In Fall 2021, working with staff for State Assemblymember Eduardo Garcia, we developed recommendations for stronger heat and air quality protections for agricultural workers. California’s agricultural workers underpin a $50 billion-dollar industry in ...
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