Proposition 45 Archives

Proposition 45

A summary of BACA

An overview of my analyses of Proposition 45

I’ve written a lot on the Cal Chamber sponsored initiative to dramatically change CEQA, BACA, which is Proposition 45 on this year’s ballot. Here are some key takeaways from what I’ve written, as well as links to the relevant blog posts. First, BACA will not just apply to CEQA. It broadly expands vested rights and …

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The end of endangered species habitat protections in California?

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

California likes to portray itself as an environmental leader, and in many ways it is. But in the context of one of the most important areas of environmental law – protecting endangered species – California is on the verge of eliminating most of its protections for the habitat of endangered species. That is the result …

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A Warning to Local Planners in California

If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.

A lot of the debates over BACA, the Cal Chamber supported initiative to fundamentally change CEQA (Proposition 45 on the ballot) focus on the initiative’s impacts on CEQA. But from a local government and planning perspective, I would argue that far more important are the sweeping vested rights provisions in the initiative. As I noted …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

Why Does Chevron Want Karen Bass to Win Re-election?

The Drain is a roundup of environmental and climate news from Legal Planet.

Permitting Wars

Environmental groups should engage constructively with permitting reform

How to Deconstruct Federal Regulation

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

A Major Problem with “Permit Certainty”

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

These 3 Numbers Explain Earth System Interventions in 2026

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Our Information Ecosystem is Toxic. But We Can Clean It Up

The Drain is a roundup of environmental and climate news from Legal Planet.

Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

Proposition 45

An overview of my analyses of Proposition 45

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

If Proposition 45 is passed, you may get blindsided by projects you cannot stop. You may want to prepare yourself.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

TRENDING

Trump could still pursue his fossil fuel dominance agenda – but not as easily.

The Drain is a roundup of environmental and climate news from Legal Planet.

All my posts (to date) on the permitting reform bill before the Senate

Drawing a false dichotomy between procedure and substance does not lead to good policy

Environmental groups should engage constructively with permitting reform

This October, we officially celebrate the coal and oil industries. Says President Trump.

What can we expect if Dems flip the governorships in red states?

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

The Drain is a roundup of environmental and climate news from Legal Planet.

Environmental groups should engage constructively with permitting reform

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place