California

Making It Work: Administrative Reform of California’s Housing Framework

How recent legislative changes have been the state greater power to enable prohousing policies

This blog post is coauthored by Chris Elmendorf, Eric Biber, Paavo Monkkonen, and Moira O’Neill. As California’s housing crisis swirls through the national news, attention has focused on statewide upzoning bills. Sen. Scott Wiener’s ballyhooed effort to allow 4-5 story buildings near transit was tabled until 2020, but earlier this fall the legislature effectively terminated …

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Let’s Commence an Economic Retaliation Initiative Against (Some) Automakers

Influencing Public Policy Through Individual & Collective Purchasing Decisions

At the risk of piling on, let me offer my own thoughts–and a specific proposal–regarding yesterday’s decision by General Motors, Fiat Chrysler, Toyota and the automakers’ trade organization to intervene in support of the Trump Administration in California’s recently-filed litigation challenging the feds’ attempted revocation of California’s Clean Air Act waiver. Legal Planet colleagues Ann …

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General Motors Can’t Have It Both Ways

Several media outlets are reporting that General Motors, Toyota, and Fiat Chrysler are intervening on the side of the Trump Administration in California’s lawsuit challenging the federal government’s yanking of the state’s permission to issue its own tailpipe standards for greenhouse gases and to require zero emissions vehicles.  (Cara described the lawsuit here. Julia and …

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Is Trump’s California Climate Tantrum Bad Politics?

Here’s hoping so

Apparently it hasn’t been enough for the Trump Administration to roll back federal climate pollution standards for cars and power plants, announce its intent to withdraw from the Paris Agreement, promote coal usage even in the face of contrary market forces, and embrace expanded oil and gas drilling on public lands.  As my colleague Ann …

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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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Why 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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Launching 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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Why 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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Governance infrastructure for water resilience

Responding to climate change is more perilous than climbing a frozen waterfall in the sun, and requires even more fortitude and balance. Photo Mike Kiparsky.

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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The 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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