statutory imterpretation

The Drafting Puzzles of NEPA 2.0

In an effort to streamline NEPA, Congress may only have made parts of it incomprehensible.

Shortly after Biden signed the new NEPA rewrite as part of the debt ceiling law, I wrote a blog post about a major drafting glitch at the heart of the new provisions. Today, I’d like to follow up with more examples. This poor drafting could really hobble implementation of the new provisions. We live in …

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The Supreme Court’s Top-10 Environmental Law Decisions

If these decisions had come out differently, environmental law would look very different than it does today.

Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.