Region: California

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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U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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Breaking News: Brown Approves California Cap-and-Trade Linkage to Quebec’s System

California Governor Jerry Brown will allow the state’s Air Resources Board to link its cap-and-trade program to reduce greenhouse gas emissions with a Quebec cap-and-trade program modeled after California’s.  Brown sent a letter to CARB today making four findings that he is required to decide before allowing the linkage to go forward.  CARB must still …

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We Forgot The Horse!

It’s been a while since we discussed Great Environmental Songs.  But we missed an important one. In 1972, when I was seven, if your radio was not playing Don McLean’s “American Pie,” it was playing “Horse With No Name” by a new band called “America” — a somewhat ironic name since the band was in …

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