Region: California

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Environmental Impacts of Fracking: Three Layers of the Onion

This summer, The Emmett Center at UCLA jointly sponsored with the Union of Concerned Scientists a two-day workshop on unconventional oil and gas production technologies, aka fracking:  two days of expert working groups on science and risk assessment, law and regulation, and public information and engagement, followed by a public forum.  The public forum was …

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Pesticide Registration: Time for an Upgrade

UCLA Study Offers Recommendations to Improve the Pesticide Approval Process in California

We love our fresh fruits, vegetables and nuts in California.  They are healthy for us and for our economy; California leads the nation with agricultural revenues of over 44 billion dollars annually, and produces nearly half of the fruits, nuts and vegetables grown in the U.S.  But modern agriculture relies heavily on fumigants to produce this bounty …

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Reforming Groundwater Adjudications: New Pritzker Environmental Policy Brief

A new report discusses groundwater in CA.

The Emmett Center on Climate Change and the Environment has released its latest Pritzker Environmental Law and Policy Brief, “Allocating Under Water: Reforming California’s Groundwater Adjudications.” California leads the nation in groundwater extraction, but it lags behind in updating groundwater-related laws and regulations. As a result, protracted litigation clogs the courts and often fails to protect water …

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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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CEQA 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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California 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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(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 …

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Shark 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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Feds 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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