California
The Trump Revenge Against California Continues
DOJ Sues the State for Its Cap-and-Trade Agreement with Quebec
The Trump attack on California’s climate policies has entered a new phase. In addition to revoking the state’s permission to regulate tailpipe emissions from cars, investigating auto makers for antitrust violations for cooperating with California on reducing car emissions, threatening to revoke highway funds from the state for Clean Air Act violations while simultaneously taking …
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CONTINUE READINGWhy is Newsom vetoing SB 1?
Comparing the Governor’s statements with the text of the bill
The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas. However, Governor Newsom has indicated he will veto SB 1, on the grounds that …
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CONTINUE READINGLaunching the California-China Climate Institute
Welcoming a famous new faculty member and a critical new initiative.
I have two exciting announcements to make. The first is that Jerry Brown has accepted an appointment as visiting professor at the law school and the College of Natural Resources (CNR) at Berkeley. That appointment would be exciting enough. But it goes hand in hand with my other news: the public launch of the California-China …
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CONTINUE READINGWhy are automakers fighting Trump’s emissions rollback?
The answer may lie in the electric vehicle investments the industry is busy making
As we move ever deeper into an all-out legal war between California and the Trump Administration over rollbacks of automobile emissions standards (something Ann, Cara, and Julia have been covering very well), I want to explore in a little more depth why the automakers have been so resistant to Trump’s rollback efforts. The auto industry …
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CONTINUE READINGGovernance infrastructure for water resilience
CLEE comments on Governor Newsom’s water portfolio executive order
Governor Gavin Newsom has directed state agencies to prepare a water resilience portfolio. Executive Order N-10-19 describes a set of broad principles to inform the development of the portfolio, as well as extensive outreach that should accompany the process, which is being conducted on an aggressive timeline. The EO states, correctly, that California needs a …
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CONTINUE READINGThe evolving law of state protection of environmental resources on federal lands
Recent cases may expand the scope of states to protect environmental resources on federal public lands
One theme in environmental law and policy over the past two years has been an increasing conflict between states and the federal government – with a range of states (particularly those with Democratic governors and legislatures) challenging the federal government on environmental matters and seeking to be more aggressive in protecting the environment. One flashpoint …
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CONTINUE READINGParking versus Housing at UC Berkeley
UC Berkeley faces same dilemma as much of rest of California in addressing the housing crisis
UC Berkeley is not immune to California’s housing crisis. Indeed, as the student newspaper noted, the campus “has housing for 22 percent of undergrads and 9 percent of graduate students – vastly lower than the UC average of 38.1 percent for undergraduates and 19.6 percent for graduate students.” Moreover, soaring housing costs have made it …
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CONTINUE READINGCalifornia groundwater management, science-policy interfaces, and the legacies of artificial legal distinctions
By Dave Owen and Michael Kiparsky
One of the many noteworthy features of California’s Sustainable Groundwater Management Act (SGMA) is that it requires local government agencies to consider and address the effects of groundwater management upon interconnected surface water. That requirement is an important step towards rationalizing California water management, which has long treated groundwater and surface water as separate resources. …
CONTINUE READINGTrump Administration’s Cold Water War With California Turns Hot
Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo
When it comes to California water policy, the federal-state relationship has always been both strained and challenging. That intergovernmental tension harkens back at least to the Reclamation Act of 1902. In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state …
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CONTINUE READINGMore States Are Finally Following California’s RPS Lead
California has long led the push for renewable energy mandates, and others are catching on
California’s renewables portfolio standard (RPS) is a flagship component of the state’s robust portfolio of climate change policies. The RPS is complex, but the basic concept is simple: state law requires electric utilities to procure a minimum percentage of their retail electricity from qualifying renewable sources under rules set by the California Public Utilities Commission. …
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