Happy 50th Anniversary, Federal Clean Water Act
One of America's Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation's most important environmental laws, is 50 years old today. It's proven to be one of the most successful of America's bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed in 1972. The political movement culminating in passage of the Clean Water Act was triggered by several environmental...
CONTINUE READINGBalancing fire risk and housing
How can California reconcile the dual needs of managing for fire risk and producing more housing?
This is the last in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we’ll discuss the policy implications of our data for fire risk and housing. These blog posts summarize our recent article in Ecology Law Quarterly, coauthored...
CONTINUE READINGElection 2022: Governors
Four tight races will have big impacts on their states.
Although their powers vary in different states, governors are key figures in setting and implementing climate and energy policies. There are several very tight races that could have significant policy impacts. They also have indirect impacts via the governor’s role in electoral matters. Elections in these four states are considered toss-ups. The Democrats are all strong supporters of renewable energy; their opponents barely mention energy or environmental issues. Ar...
CONTINUE READINGWhat is being built in the WUI?
What our data says about development in the WUI in California
This is the third in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. In this blog post, we summarize our research on how some local governments in California are regulating development in high fire areas. These blog posts summarize our recent artic...
CONTINUE READINGCalifornia Law in the WUI
California’s legal framework for development in the wildland-urban interface
This is the second in a series of four blog posts discussing the issue of development in the wildland-urban interface in California, the current legal structures addressing the issue, and our research on how those legal frameworks are being applied on the ground in key counties in the state. These blog posts summarize our recent article in Ecology Law Quarterly, coauthored with my collaborator Moira O’Neill. In this blog post, we’ll summarize the relevant law....
CONTINUE READINGBuilding to Burn
Examining whether California law facilitates development in fire-prone areas
All too many Californians have lost their homes, and even their lives, as fires have raced through exurbs, suburbs, and even portions of towns and cities over the past several years. A key issue that policymakers are wrestling with is the extent to which new development has increased the risk to people and property from fire in California. Pressure for development – especially housing – in a state with skyrocketing housing costs has pushed new projects into what ...
CONTINUE READINGAre carbon taxes a thing of the past?
What is the role for carbon pricing in the future of decarbonization policy?
That’s the question implicitly raised by this article in the New York Times from late August. The article surveys a range of criticisms of the use of carbon taxes as a tool to address greenhouse gas emissions, and criticisms of the focus of many economists on carbon taxes as the primary tool to address climate change. Among the targets of the critics is the work of William Nordhaus, who won the Nobel Prize in Economics in 2018 for advancing economic analysis of cli...
CONTINUE READINGSenate 2022: North Carolina
An anti-environmentalist is favored but the challenger has a fighting chance.
The Senate race in North Carolina may be a bit of a stretch for Democrats, but it’s not out of reach. The contrast between the candidates on environmental issues is particularly stark. Cheri Beasley (D). Her website describes her as “a mom, former public defender, judge, and the first Black woman to serve as Chief Justice of the North Carolina Supreme Court.” Her website has a tab on climate change. She makes her support for climate action clear. It also links...
CONTINUE READINGDecarbonizing Aviation
New CLEE report assesses policy options for boosting sustainable airplane travel in California
Register for our free webinar on this topic on Monday, November 7th, 9-10am PT (details below). What actions can California policy makers take to help decarbonize the aviation sector? CLEE is today releasing a new report, Clean Takeoff: Policy Solutions to Promote Sustainable Aviation in California, which offers recommendations for progress. Airplane travel is responsible for more than 2 percent of global carbon dioxide (CO₂) emissions, with non-CO₂ emissions ...
CONTINUE READINGWhat Do Pig Pens Have To Do With Environmental Law?
Constitutional Challenge to California's Animal Welfare Law Could Have Profound Impacts on State's Environmental Laws
Today the U.S. Supreme Court will hear oral arguments in an animal welfare case from California that could have profound, negative impacts on a host of the Golden State's environmental laws and policies. The case is National Pork Producers Council v. Ross, No. 21-468. The National Pork Producers Council litigation arises from an initiative measure--Proposition 12--that California voters passed overwhelmingly in 2018. That measure is one of a series of animal w...
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