Region: California
Breaking News: Ninth Circuit Upholds California’s Low Carbon Fuel Standard
Does California’s life cycle analysis of the carbon intensity of transportation fuel facially discriminates against out-of-state ethanol?
In a sweeping victory for the California Air Resources Board, the Ninth Circuit today issued an opinion in Rocky Mountain Farmers Union v. Corey upholding the state’s Low Carbon Fuel Standard (LCFS) and reversing a lower court ruling that the LCFS facially discriminated against interstate commerce in violation of the U.S. Constitution. The court also vacated the …
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CONTINUE READINGCEQA Reform 2013: Long-Overdue Changes for Infill and the Environment
It looks like State Senate pro Tem Darrell Steinberg might finally be putting the “E” back in “CEQA,” at least when it comes to how California’s premiere environmental law treats traffic impacts. His bill SB 731 to reform the California Environmental Quality Act (CEQA), previously discussed by Eric, is taking aim at the law’s perverse …
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CONTINUE READINGCalifornia Poised to Take a Major Step Forward on Energy Storage
Energy storage isn’t called the “Holy Grail” for nothing. Without it, we simply cannot meet our long-term greenhouse gas reduction goals. To decarbonize the energy supply, intermittent renewable energy from the sun and wind must be stored for later dispatch when those resources aren’t available. We’ve covered this subject extensively here and here. Now California …
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CONTINUE READING(Tentative) ruling in cap-and-trade case looks good for CA: ARB has auction authority
It’s never over till it’s over, but for now California is breathing a little easier as it defends its cap-and-trade allowance auctions from two high-profile industry challenges. The cases, which Ann has discussed here and here, were filed by the California Chamber of Commerce and the Pacific Legal Foundation, and they make both statutory and …
CONTINUE READINGShark Fins, Federal Preemption & the Ninth Circuit–An Update
Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …
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CONTINUE READINGFeds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …
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CONTINUE READINGUCLA / UC Berkeley Law Report on High Speed Rail Policies for California’s San Joaquin Valley
The environmental law centers at UCLA and UC Berkeley Schools of Law are releasing today a new report on policies to maximize the economic and environmental benefits of high speed rail in the San Joaquin Valley. “A High Speed Foundation: How to Build a Better California Around High Speed Rail″ is the eleventh report in …
CONTINUE READINGDid Kenny Kill High Speed Rail?
On Friday, California Superior Court Judge Michael Kenny ruled that California’s plan for the initial construction segment of high speed rail in the San Joaquin Valley violated the terms of the 2008 voter-approved initiative that launched the project. Petitioners and some in the media are calling it a major setback for the system. However, the …
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CONTINUE READINGLegal Planeteer Rick Frank Appointed to California High Speed Rail Authority
Congratulations to co-blogger Rick Frank for his appointment to the California High Speed Rail Authority Board of Directors. As an expert on California environmental law, Rick will bring invaluable expertise to the Authority board as they implement this enormous infrastructure project. For a blast from the past, read his Legal Planet take on high speed …
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CONTINUE READINGFresno High Speed Rail Lunch Event — Tuesday August 20th
Forget Elon Musk’s Hyperloop — high speed rail is coming to California. Construction is slated to begin in California’s San Joaquin Valley in the next few months (and possibly sooner). What will the impact be on the Valley’s cities, farms, and pocketbooks? How can Valley leaders ensure that the system maximizes the economic and environmental …
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