California Legislature

California Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes

Court rules for the State in challenge to technology-forcing gun control law

In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun …

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High Time to Fix California’s Affordable Housing Crisis

California Political Leaders Announce Historic Housing Accord

The Sacramento Bee reports that California Governor Jerry Brown and the Democratic leaders of the State Senate and Assembly have reached an 11th-hour agreement to address California’s chronic, steadily growing affordable housing crisis.  (The California Legislature’s 2017 session concludes in mid-September.)  That’s good news indeed–and a most welcome (if overdue) proposed fix to one of …

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Guest Blogger Alex Jackson: The Way Forward on Cap-and-Trade

Incorporate Elements of SB 775 and AB 378 to Build on a Proven Program

California is in the process of defining the next chapter of its world-renowned climate leadership. Having pioneered a set of policies over the past decade that have put the state on course to meet its greenhouse gas emissions limit in 2020, lawmakers now face the question of what role the state’s cap-and-trade program should play …

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Guest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals

SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints

Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach …

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Guest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy

By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits

California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. …

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Guest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775

The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism

The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the …

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“California Alone” Should Not Govern State Climate Policy

SB 775 Turns California Inward and Diminishes Its Role As Global Leader

Last week, Senator Bob Wieckowski (D-Fremont) introduced a new bill, SB 775, that would replace California’s cap-and-trade system with a new approach to regulating California’s greenhouse gas emissions beginning in 2021.  There is much to admire in the new bill, including an aggressive pricing approach that would ensure that California’s carbon price remains high.  The …

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The Future of California’s Greenhouse Gas Cap and Trade Program After 2020: A Conversation

Posts on Legal Planet Over the Coming Week, Linked Here, Will Address Pending California Legislation on Cap and Trade from Multiple Perspectives

This post is the preface to a series of posts by multiple authors (including guests) over the coming week (starting May 9) about the future of the state’s cap and trade program for greenhouse gases.  Two bills, AB 378 and SB 775, are being debated by the environmental and environmental justice communities, and our bloggers …

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Anti-CEQA Lobbyists Turn to Empirical Analysis, But Are Their Conclusions Sound?

Influential Attacks on California’s Environmental Impact Law Aren’t Supported By the Data

Every August, as the California legislative session comes to a head, lobbyists attempt to gain support for dramatically scaling back California’s landmark environmental law, CEQA (the California Environmental Quality Act).  This year was no exception.  Last month, the law firm Holland and Knight, which has been a leading force on this issue, issued a new …

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Groundwater Management Lite for California

New State Groundwater Legislation a Key Step Forward, But No Immediate Fix or Long-Term Panacea

The California Legislature, in the waning hours of its 2014 session, enacted legislation creating a first-ever  statewide system of groundwater management.  The three-bill package (SB 1168 [Pavley]; SB 1319 [Pavley]; and AB 1719 [Dickinson]) is expected to be signed into law by California Governor Jerry Brown before the end of this month, and will take …

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