California
Scott Pruitt, Senator Harris and the California Question
California leadership in peril?
Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases). But his response to …
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CONTINUE READINGWhat Does a Trump Presidency Portend for California’s Environmental Policies?
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …
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CONTINUE READINGAnother Job For California: Energy & Climate Research
If Trump guts research funding, California should step into the breach.
During the campaign, Trump said he would save $100 billion by cutting climate programs. His campaign staff referred as support to a report, which said that 75% of the funding was energy related and included “about 68 percent for energy technology, 23 percent for science, 8 percent for international assistance and 1 percent for adaptation …
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CONTINUE READINGThe Steadily-Dying Sierra Nevadas
Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests
Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend. As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …
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CONTINUE READINGOf 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 …
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CONTINUE READINGState 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 …
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CONTINUE READINGThe 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 …
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CONTINUE READINGThe 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 …
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CONTINUE READINGCalifornia’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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