California

Governing Emissions Trading in California and China

Two new policy reports from an international research collaboration consider the design and implementation of emissions trading systems in China and California

Carbon markets are at a crossroads. As of 2021, 30 emissions trading systems were in force globally, covering 16–17% of global greenhouse gas (GHG) emissions. Last year, climate negotiators in Glasgow finalized the Paris Agreement rulebook for international cooperation through carbon markets, clearing the way for the expansion of emissions trading and carbon pricing worldwide. …

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Mary Nichols’ new role at the Emmett Institute

Mary Nichols speaks at UCLA Law

This post is co-authored by Daniel Melling, communications manager at the Emmett Institute The New York Times reported last week that the Biden administration is preparing to restore California’s waiver to set greenhouse gas auto emissions standards stricter than the federal government’s rules. It’s the latest episode in a regulatory saga stretching back to the …

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What do U.S. states do at a COP, anyway?

Newsom’s out, but California and other states continue with robust delegations headed to Scotland

You’ve likely heard that the big annual United Nations climate conference is about to get underway in Glasgow, with nations around the world gathering together to try to advance international climate cooperation.  But it’s not just national representatives who will attend; many subnational jurisdictions, including California and other U.S. states, also send  significant delegations.  Although …

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Reforming the California Endangered Species Act

Updating the state’s landmark biodiversity law for the twenty-first century

California has a rich heritage of biodiversity, with many species found nowhere else in the world (including the iconic giant sequoia trees).  But California’s biodiversity faces grave threats – pressures from development that eliminates habitat; water shortages that harm aquatic species in California’s rivers; and climate change impacts that are shifting and altering habitats, among …

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If not Berkeley, where?

Court order freezing UC Berkeley enrollment raises critical questions about how California provides for equitable growth in the state

This is my final post on the CEQA litigation over UC Berkeley enrollment. For earlier posts, see here (providing background information), here (discussing the implications of considering enrollment decisions to be within the scope of CEQA), and here (discussing whether to expand CEQA to cover socioeconomic impacts). In this final post, I want to explore …

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CEQA and socioeconomic impacts

Why expanding CEQA to cover socioeconomic impacts might harm equity goals

Today I continue my series of blog posts on the CEQA lawsuit over UC Berkeley’s enrollment. My first post provided an introduction to the case and its background; my second post examined the risks of expanding environmental review to small-scale, individual decisions like the enrollment decisions at issue in this case. Today’s post will address …

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What is a project?

Is admitting a student to a university the kind of project requiring CEQA analysis?

Yesterday, I introduced the CEQA lawsuits over UC Berkeley’s expanding enrollment and its potential impacts on the surrounding neighbor. Today, in my second post, I want to explore the implications of applying environmental review statutes such as CEQA to individual, small-scale decisions like university enrollment. The legal question at issue in the case was whether …

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CEQA and UC Berkeley’s Enrollment

A recent court order freezing UC Berkeley enrollment highlights key issues in CEQA

A recent court order, freezing UC Berkeley’s student enrollment at 2021-22 levels, has earned some press attention and notoriety. Commentators on Twitter have accused the lead plaintiffs (residents in the Berkeley area) of being exclusionary NIMBYs. The court’s decision was premised on violations by UC Berkeley of the California Environmental Quality Act (CEQA), a law …

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Blue Skies and Wildfire in California

An opinion piece in the NY Times reveals a disconnect between history and what we expect from wildfires and air quality

There’s a lot of news coverage about the wildfires on the West Coast right now, and rightly so. But with that news coverage comes a lot of commentary, some of which might lead us down the wrong policy path. I want to highlight an example from the New York Times opinion page, not because it …

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Supreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property

What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?

In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes.  Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …

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