California

States Should Not Wait to “Make Polluters Pay”

Guest contributors Laura Fox and Doug Kysar write that now is the right time for more states to adopt climate accountability laws, despite ongoing legal challenges.

As states weigh whether to adopt climate accountability legislation like Vermont’s Climate Superfund Act, some are hesitating out of concern that the Second Circuit’s decision in City of New York v. Chevron Corp., 993 F.3d 81 (2d Cir. 2021), dooms such efforts. That concern is misplaced. In fact, now is precisely the time for states …

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From Sacramento to Geneva: Two Arenas Tackle Plastic Pollution

California considers adding microplastics to its Candidate Chemical List as delegates negotiate a Global Binding Treaty on Plastics in Switzerland

Last Monday, the California Department of Toxic Substances Control (DTSC) closed its public comment period on a proposal to add microplastics to its Candidate Chemicals List. Adding microplastics to this list would allow the State’s Safer Consumer Product Program to evaluate potential Priority Products that may contain or release microplastics. The Program works to make …

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China is Kicking Our Ass at Our Own Game

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

The first time I saw a Chinese-made EV on the road I was walking on a crowded sidewalk in São Paulo. It was a Saturday night this May, when the whole city seemed to be out enjoying the warm weather. A street rave took over an entire block so to keep moving, we pedestrians had …

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States Become “Norm Sustainers” on Environmental Justice

Guest Contributor Sharmila L. Murthy explains how state Attorneys General are acting as important counterweights to the federal government on environmental justice.

Guest contributor Sharmila L. Murthy is a Professor of Law and Public Policy at Northeastern University In the wake of misleading and inaccurate characterizations by the Trump Administration that wrongly label environmental justice activities as illegal discrimination, the Attorneys General of California, Massachusetts, and New York, joined by the Attorneys General of Arizona, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, …

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Thoughts on AB 131

Overall a good bill, but the definition of natural and protected lands is inadequate

Governor Newsom is pushing for CEQA reform as part of approval of the state budget, and the result is two budget trailer bills, AB 130 and AB 131, that together provide some of the most significant changes to CEQA in many years. Overall, these are good bills.  The changes are focused on facilitating development where …

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Immigration Raids are an Attack on Climate

The Drain

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

It’s hard to watch the Trump administration test drive authoritarianism in California. Since the inauguration, I’ve found solace in slowly rewatching The West Wing, a good bedtime story for anyone who feels nostalgia for partisan politics of yesteryear. Anyone else doing this? It’s uncanny how my rewatching has lined up with real world events. In …

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Last Year’s Climate Bond May Not Be What You Thought

While investing in important adaptation and resilience measures, Proposition 4 does less to create new clean energy infrastructure investments

Last year, legislators passed, the governor signed, and California voters approved, a ten billion dollar climate bond (the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, SB 867 (Allen), which appeared on the November ballot as Proposition 4). While the bond act’s full title largely tells the story of …

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Why Do Heat Pumps Have a Bad Rap? Lies

The Drain

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

I just listened to dozens of people tell me that heat pumps don’t work, may cause homelessness, and can bankrupt small businesses. This was shocking news to me, in no small part because I’m currently in the process of installing a heat pump in my condo. Obviously, I don’t want to waste money, sleep on …

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Could CA Local Agencies Replicate Past Federal Solicitation Approaches?

Innovative solicitation & contracting approaches may make offshore wind infrastructure projects work better for communities

Offshore wind is a nascent industry in California, and actions by the new federal administration are threatening to slow or halt the significant progress made in recent years. Despite these new federal policies, however, state and local leaders are planning infrastructure needed to launch the sector in California, including port facilities suitable for assembling and …

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Could Zero-Emission Hydrogen Help Reduce Aviation Emissions in California?

State’s federally funded hydrogen hub releases aviation whitepaper co-led by CLEE.

Few industries face as complex a challenge in decarbonizing as aviation. While great for decarbonizing on-road transportation, batteries are generally too heavy to power long-distance flights. Low-carbon biofuels blended into fossil jet fuel represent only a partial solution, due to lack of feedstocks and blend limits. Zero-emission hydrogen could represent a solution, either as an …

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