California
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 …
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CONTINUE READINGThe 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 …
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CONTINUE READINGLet 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 …
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CONTINUE READINGThe 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 …
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CONTINUE READINGA 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 …
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CONTINUE READINGRecreational 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 …
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CONTINUE READINGAir quality and wildfire
We may need to burn more to get less smoke
One of the impacts of California’s difficult fire season has been air pollution. Fires produce smoke. Large wildfires produce a lot of smoke. And large wildfires in the southern Sierra Nevada produce smoke in the southern Central Valley – the part of the United States that already has some of the worst air quality in …
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CONTINUE READINGDueling California Drought Relief Bills Debated on Capitol Hill
Stark Differences Emerge Between Competing House and Senate Bills
What can and should the federal government do to assist the State of California in weathering the worst drought in recorded state history? While the U.S. House of Representatives is embroiled in a chaotic political debate over selection of a new House Speaker, the more deliberate consideration of new legislation continues apace in the Senate. …
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CONTINUE READINGCalifornia and Other Western States See Barriers to Protecting Streams
A new report highlights twelve western states’ efforts to restore stream flows using environmental water transfers
Unnaturally low flows in rivers and streams throughout the western United States have threatened fish and other aquatic species for decades. But restoring flows has proved a significant and complex challenge. A recent report prepared for the National Fish and Wildlife Foundation by Stanford University’s Water in the West Program documents twelve western states’ efforts …
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CONTINUE READINGThe Future of Fire Policy
Climate change will require reconsideration of how we manage fire
It has been a brutal fire season here in California. It’s been brutal in part because of a historically bad drought. But unfortunately, the end of the drought (when it comes) will not be the end of our fire problems. Those fire problems are the result of long-term, human-caused trends that will only continue: climate …
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