California OLD

Reforming Groundwater Adjudications: New Pritzker Environmental Policy Brief

A new report discusses groundwater in CA.

The Emmett Center on Climate Change and the Environment has released its latest Pritzker Environmental Law and Policy Brief, “Allocating Under Water: Reforming California’s Groundwater Adjudications.” California leads the nation in groundwater extraction, but it lags behind in updating groundwater-related laws and regulations. As a result, protracted litigation clogs the courts and often fails to protect water …

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Why coal cares about FERC

I’ve written before about how fossil fuel industries have a strong incentive to kill (or at least stop the rise of) renewable energy now, so that it doesn’t become a powerful political force.  If renewable energy does become a strong enough political force, then there is a risk that it might provide support for ending …

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(Tentative) ruling in cap-and-trade case looks good for CA: ARB has auction authority

It’s never over till it’s over, but for now California is breathing a little easier as it defends its cap-and-trade allowance auctions from two high-profile industry challenges. The cases, which Ann has discussed here and here, were filed by the California Chamber of Commerce and the Pacific Legal Foundation, and they make both statutory and …

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Shark Fins, Federal Preemption & the Ninth Circuit–An Update

Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …

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Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation

In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins.  California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years.  The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …

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Guest Blogger Ken Alex: 2030 is Calling

Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research.  The views expressed in this blog post are his own. California’s AB 32 is the most important climate change law in the country.  We are in full implementation mode to meet the requirement that …

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Guest Blogger Ken Alex: Saving Electricity for a Rainy Day

Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research.  The views expressed in this blog post are his own. We are making progress in two more key areas, although California, for now, is not in the lead.  Thanks to new developments and a …

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The Congressional Back Door Attack on California’s Environmental Programs

California’s Environmental Programs

Today’s Los Angeles Times reports on disturbing, broad-based efforts in Congress that threaten to eviscerate a host of California’s cutting-edge environmental initiatives, most prominently its “Green Chemistry” program. The saga begins with the California Legislature’s enactment of the state’s “Green Chemistry Initiative” (GCI) in 2008.  The overarching principle behind GCI is to mandate the design of chemical products …

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Guest Blogger Ken Alex: California’s Road to 2020 and Beyond

Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research.  The views expressed in this blog post are his own. Four years ago, when I was the head of the Attorney General’s environment section,  I wrote a series of guest blogs for Legal Planet …

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Ninth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim

Responding to the current drought conditions confronting California, state and federal water project officials have announced cutbacks in anticipated water deliveries this summer and fall from both the Central Valley Project (CVP) and State Water Project.  It’s with that sobering backdrop that a recent decision from the U.S. Court of Appeals for the Ninth Circuit …

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