California
California’s Water Law Symposium–A Law Student Success Story
Students From Six Northern California Law Schools Collaborate in a Big and Unconventional Way
The 11th Annual Water Law Symposium was held last weekend at Golden Gate University Law School in San Francisco. The event drew a standing-room-only crowd of water law scholars, practitioners and policymakers, who devoted the day to a thoughtful and lively examination of how California’s constitutional law doctrine of reasonable use affects all facets of …
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CONTINUE READINGProperty Rights and California Raisins: Headed to the Supreme Court–Again
Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation
The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term. Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …
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CONTINUE READINGHappy Birthday, Yosemite–and California’s State Parks System
The Core of Yosemite National Park, & California’s First State Park, Were Created 150 Years Ago
2014 marks the 150th anniversary of the creation of what we now know as Yosemite National Park. It’s also the sesquicentennial anniversary of California’s State Parks System. The two events are, in fact, inextricably related. And how they occurred is a noteworthy and truly inspirational story. In 1864, in the midst of the Civil War, …
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CONTINUE READINGCalifornia’s New Groundwater Law: An Interactive Timeline
What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?
Many (including Legal Planet’s own Rick Frank) have examined the pros and cons of California’s new locally-focused groundwater management law. Such analyses will continue to be critically important as state and local players move forward with the nitty-gritty of actual implementation, and the legislation’s practical, on-the-ground (and under-the-ground) implications become clearer. In this post, however, my goal …
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CONTINUE READINGCalifornia Becomes First State to Ban Disposable Plastic Bags
Other Single-Use Shopping Bags Also Restricted Under New Law
California has become the first state in the nation to ban major retail stores from providing single-use carryout plastic bags to their customers. The new legislation similarly prohibits stores from selling or distributing recycled paper bags unless the store makes such bags available for purchase for no less than 10 cents per bag. The new law, …
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CONTINUE READINGGroundwater 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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CONTINUE READINGClosely Confined Chickens, Interstate Conflict & the Dormant Commerce Clause
Is Proposition 2, California’s Pioneering Animal Welfare Law, Unconstitutional?
Last week witnessed a most interesting constitutional showdown between sovereign states in U.S. District Court in Sacramento. At issue is animal welfare legislation California has enacted both at the ballot box and through its elected representatives. The enemy combatants are a coalition of midwestern states led by Missouri, aligned against the State of California, with …
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CONTINUE READINGBack in the Fast Lane
New Pritzker Brief from UCLA Law on Making Public Transit Work
Fellow blogger Ethan Elkind has spent a lot of time researching the history, politics, and future of transit in California. Earlier this year he published Railtown, a fascinating portrait of the fight over development of the L.A. Metro rail system, revealing the degree to which that development has been driven by good old-fashioned politics and even intrigue …
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CONTINUE READINGClimate Change Adaptation Strategy: Can California Do More?
Is Increased Reliance on the Public Trust Doctrine an Essential Part of Effective State Adaptation Policy?
I often tell students in my Climate Change Law and Policy course that adaptation–that is, how we can best adapt to the unavoidable impacts of climate change–is the poor stepchild of the debate over greenhouse gas emissions and climate change. By that I mean that climate change mitigation (i.e., how to reduce greenhouse gas emissions) generates far more …
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CONTINUE READINGIs California Finally Ready to Get Serious About Groundwater Reform?
Prospects Good for Passage of Landmark Groundwater Legislation
California, which prides itself as being a national and international leader in so many areas of environmental policy, lags woefully behind other jurisdictions when it comes to at least one subject area: groundwater regulation. Alone among the Western states in the U.S., California lacks any statewide system of groundwater regulation and planning. (Until a few …
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