California
We need integrated funding to scale up multibenefit projects
by Marie Grimm, Anna Serra-Llobet, Molly Bruce, and Michael Kiparsky
Climate and ecological challenges are fundamentally linked, demanding solutions that address both environmental and social issues. Multibenefit projects–like levee realignments that reconnect floodplains–can combine climate adaptation, water management and ecosystem restoration efforts. However, most funding programs focus on single-purpose projects, making it difficult to support multibenefit solutions. Our new article studies the Pajaro River flood …
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CONTINUE READINGDOJ vs. C&T
What Trump’s new lawsuits against two states may mean for California’s cap-and-trade program.
As my UCLA Law colleague Ann Carlson described last week, Trump’s DOJ has filed two pretty extraordinary lawsuits against the states of Michigan and Hawaii trying to block those states — preemptively — from bringing suit against fossil fuel companies for climate harms. As Ann points out, these DOJ suits are among the first salvos …
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CONTINUE READINGDefunding the Energy Transition
The President Proposes Deep Cuts to Climate and Clean Energy Spending for FY 2026
On May 2nd, the White House released what is generally referred to as a “skinny” budget request outlining priorities for discretionary spending for fiscal year 2026. A full federal budget proposal is expected later this month. The “skinny” budget contains, by the White House’s calculations, $163 billion in non-defense discretionary spending cuts, which it argues …
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CONTINUE READINGCalifornia Lawmakers Vote on Energy Affordability Soon
Senate Bill 254 is the most ambitious energy affordability legislation proposed in recent years.
Energy affordability has been a huge focus in Sacramento as the deadline nears for bills to move out of policy committees. Over the past three years, customers of the largest investor-owned electric utilities (IOUs) in the state have seen their rates rise by an average of 5-41%, with nearly one in five households behind on …
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CONTINUE READINGHelp Shape the Bay Area’s Climate Future
Seeking input from local leaders, organizations, and individuals to shape California’s Fifth Climate Assessment for the region
The California Climate Change Assessment is a key initiative to understand and address the state’s climate impacts and build resilience through informed decision-making. California’s Fourth Climate Change Assessment included a series of technical reports, regional summaries, and a statewide synthesis covering key issues such as extreme heat, wildfires, and sea level rise—providing critical guidance for …
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CONTINUE READINGWildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGSuccess! Removing the Klamath Dams
A “Good News” Environmental Story (For a Change)
Most of the environmental law and policy matters discussed on Legal Planet–especially over the past few months–have dealt with natural resource crises, environmental rollbacks, hostile political actors and actions in Washington, D.C., etc. So let me take this opportunity to share an upbeat and inspirational environmental story in these otherwise troubled environmental times. In 2022, …
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CONTINUE READINGThe CRA and the filibuster
Expanding the scope of the CRA might also result in weakening the filibuster
This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The second post is here. Another possible implication of applying …
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CONTINUE READINGThe CRA and permits
Applying the CRA to the California waivers might open the door to Congressional review of permits more broadly
This is the second in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The basic legal question at the heart of the dispute …
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CONTINUE READINGWhat is the scope of the Congressional Review Act?
Possible implications of expanding the CRA to the California waivers, and beyond
The Congressional Review Act (CRA) provides a tool for majorities in the House and Senate, along with the President, to overturn a recently promulgated agency regulation, and to legislatively prohibit promulgation of a “substantially the same” regulation in the future. By its nature – since it requires Presidential approval of the relevant joint Congressional resolution …
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