Proposition 13
California Supreme Court Ruling Represents Big Win for State Water Board–& California’s Environment
Justices Uphold Water Board’s “User Pays” Fee System Against Constitutional Attack
The California Supreme Court has handed the State Water Resources Control Board a major legal win, rejecting an industry challenge to the “user pays”-based system of funding the Board’s water pollution control system. In doing so, the Supreme Court has fended off yet another constitutional challenge to the manner in which environmental regulatory fees are …
CONTINUE READINGThe California Supreme Court’s Most Important Environmental Law Decisions of 2017
CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket
As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its …
Continue reading “The California Supreme Court’s Most Important Environmental Law Decisions of 2017”
CONTINUE READINGCalifornia Appellate Court Hears Arguments in Cap-and-Trade Program Challenge
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …
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CONTINUE READINGCap and Trade’s Future in California, Redux
Litigation, AB 197 and Politics May All Have an Influence
Two days ago, I posed a series of questions about what AB 197 might mean for the future of cap and trade in California but never really answered the question of whether we’re likely to see a continuation of the program going forward post-2020. Eric posted his view this afternoon that he is relatively pessimistic …
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CONTINUE READINGProposition 26: The most important ballot initiative affecting California’s environment?
*UPDATES: UCLA Law released a report analyzing Proposition 26’s impacts on the State’s environmental protection laws. And co-blogger Rhead Enion has responded point by point to some of Maureen Gorsen’s arguments criticizing our analysis of the initative.* My co-bloggers have argued whether Proposition 25 or Proposition 23 is more important to California’s environmental future. I …
CONTINUE READINGRegulatory Fees in California: Killing Two Birds with One Stone?
The meltdown of the State of California’s budget raises a host of questions about governance, taxes and politics in the state and beyond. One of those questions implicates other concerns regarding the design and implementation of effective environmental regulation. As my father used to say, “Sometimes cheap is too expensive,” an adage that is borne …
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