Region: California

A New Report on the Governor’s Local Renewable Energy Initiative

Last July, I reported on a conference convened at UCLA by California Governor Jerry Brown to further his efforts to increase the amount of local renewable electric generation in California to 12,000 megawatts of installed capacity by the year 2020. Berkeley Law’s Center for Law, Energy and the Environment provided the substantive support for that event, …

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Carbon Auctions & Prop 13

California is planning to auction some of the carbon allowances in its new cap-and-trade system.  There’s an interesting question about whether  the auctions should be considered a “tax” under state law, which may turn in part on what the money is used for.  If the auctions are considered a tax, they would run into trouble …

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May 17th Sacramento Lunch on California Infill Policies, Featuring State Sen. pro Tem Darrell Steinberg

For those planning to be in the Sacramento area next Thursday, May 17th, please join us for a lunch event on California’s land use policies, featuring a keynote address by State Senate President pro Tem Darrell Steinberg. Here are the details: The Future of Infill:  How CEQA Reform and the End of Redevelopment Will Affect …

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Los Angeles’ Expo Line: A Cautionary Tale For Building Rail

This weekend, the long awaited Expo Light Rail Line will finally open in Los Angeles, connecting the traffic-choked Westside with the rest of the city’s rail network, more than two decades after the region’s first modern rail line opened.  The relatively short light rail line (8.6 miles, 12 stations) took an absurdly long amount of …

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Guest Bloggers Erica Morehouse and Tim O’Connor of Environmental Defense Fund: 9th Circuit Allows CARB to Enforce the LCFS

(It’s exam season; so, for any remedies students out there this post can count as review!) On Monday, a motions panel at the 9th Circuit Court of Appeals ruled that the California Air Resources Board (CARB) can continue enforcing the Low Carbon Fuel Standard (LCFS).  This decision stayed (pending appeal) a trial court judge’s preliminary …

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New legislative effort underway to develop public access to the L.A. River

Earlier this year, California State Senator Kevin De Leon introduced SB 1201, a bill that could bolster efforts to open up the Los Angeles River for lawful recreational uses such as boating.  I have a particular interest in this, since UCLA’s Frank G. Wells Environmental Law Clinic worked with the advocacy group Friends of the Los …

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New Summary Report on California’s Law to Streamline Environmental Review of Infill Projects

As this blog has chronicled, California has undertaken some ambitious efforts to streamline environmental review for certain infill projects under the California Environmental Quality Act (CEQA). One of the most recent and potentially far-reaching attempts, SB 226 (Simitian, 2011), creates an in-depth administrative process to define the standards for what constitutes a “good” infill project.  …

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The Public Trust Doctrine Revisited

The U.C. Davis Law Review has just published its annual, symposium issue, this year devoted to the Public Trust Doctrine. Back in 1980, the U.C. Davis Law School sponsored a first-ever conference focusing on the public trust doctrine’s role in modern environmental law.  A year later, the U.C. Davis Law Review published a symposium volume dedicated …

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How California could surpass $1 billion in cap-and-trade auction revenue by 2013

Last week I did a series of posts examining the amount and  potential price ranges for allowances in California’s upcoming cap-and-trade auctions for greenhouse gas emissions (GHGs). Knowing the estimated auction clearing price plus the estimated number of allowances to be sold at auction tells us the estimated revenue from that auction. Several estimates of …

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Could standing save CEQA?

One of the recent complaints about CEQA has been that the statute has been abused by various parties who have no interest in protecting the environment, but instead are simply interested in either (a) raising costs for competitors or (b) using the threat of CEQA litigation to extract payments from project proponents.  Various horror stories …

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