California

Of Initiative Wars, Plastic Bags and Poison Pills

Deciphering California’s (Intentionally) Confusing Plastic Bag Propositions

California’s longstanding efforts to eliminate single-use plastic bags from the marketplace and the environment have finally reached California voters. The November 8th general election ballot contains a breathtaking 17 separate propositions–16 proposed initiative measures and one referendum measure.   Propositions 65 and 67 both deal with the same subject–a proposed ban on single-use plastic bags.  Those dueling measures …

CONTINUE READING

State regulation of environmental harms on federal lands

California Supreme Court case indicates substantial authority for states to act

Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law.  Here, I just want to add to Sean’s excellent summary by …

CONTINUE READING

The Clean Water Act, Federalism, Big Money and the California Supreme Court

Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program

The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates.  In …

CONTINUE READING

The future politics of cap-and-trade in California

It doesn’t look so good for the oil and gas industry

As Ann and Ethan both noted, two major pieces of climate legislation were passed by the California legislature this week, and Governor Brown has promised to sign both bills.  Overall, the legislation extends the state’s greenhouse gas reduction goals (which were originally to reach 1990 levels of emissions by 2020) out to a 40% reduction …

CONTINUE READING

California’s Cap-and-Trade Program After 2020

ARB publishes draft climate regulations that would extend the program

Against a backdrop of complex Sacramento politics on the future of California’s climate regulation, the state’s Air Resources Board last week issued an initial draft of regulations that would, among other things, extend the cap-and-trade program beyond 2020.  Does ARB currently have the authority to do that? Yes, probably.  But it’s complicated enough to leave room for disagreement. Here’s one version …

CONTINUE READING

The National Park Service and Climate Change

Does the agency have the legal tools to respond to climate change?

This past weekend President Obama visited Yosemite, helping the National Park Service celebrate its 100th anniversary.  As part of his remarks, the President noted that climate change is already causing major impacts on the resources in National Parks around the country—for instance, causing the disappearance of the glaciers in Yosemite and increasing fire risks in …

CONTINUE READING

Let Us Now Praise Famous Plants

Taking environmental law education outdoors

Lawyers spend their lives among tree slices (using 20,000-100,00 sheets of paper per attorney annually), but distressingly little time among whole trees. This became evident when I hauled a class of bemused clinical environmental law students up a wooded slope near the UC Berkeley campus this spring for a lesson spanning ecology, agency jurisdiction, and …

CONTINUE READING

The Cap-and-Trade Auction: Still Not a Tax

Folks are talking again about whether California’s climate cap-and-trade auction is an unlawful tax, rather than a valid exercise of the state’s regulatory power to control pollution.  The news hook for the revival of this conversation is a recent order, discussed below, from the California Court of Appeal to the parties in the court case where …

CONTINUE READING

A Thanksgiving Day Reflection

Thoughts about the impacts of extreme events and climate change on food security, and hopes for the Paris negotiations

Thanksgiving is a time of gratitude for the food and community we share. But as many of us feast with loved ones today, our gratitude might also prompt reflection about the sources of our food and, more generally, the fragility of the environment. This seems especially appropriate, as Native American tribes are among those most …

CONTINUE READING

Recreational marijuana legalization in California

Will a proposed ballot initiative on recreational marijuana legalization in California help the environment

In the wake of the enactment by the legislature of a regulatory structure for medical marijuana, it looks like voters in 2016 will probably be able to decide whether to legalize recreational use as well. Leading advocates for legalization of recreational marijuana have submitted a language for a ballot initiative to the California Secretary of …

CONTINUE READING

TRENDING