California
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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CONTINUE READINGThe 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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CONTINUE READINGA 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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CONTINUE READINGTwo Wins from this Legislative Session — Awaiting Newsom
As Gov. Gavin Newsom’s term ends, these two bills present an opportunity to promote ratepayer affordability.
It’s September, and that means another legislative session has come to an end here in California. With it came some welcome news for those of us who have been following California’s efforts to avoid wasteful spending on new natural gas infrastructure. Two important bills, AB 2313 (Berman) and SB 1359 (Stern), both passed the legislature …
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CONTINUE READINGCalifornia — The Resilient State. Really.
In the midst of a historic heat wave, the state’s power grid has so far passed with flying colors
Remember rolling blackouts in California? At least at this point, they appear to be a thing of the past. Earlier today, I noticed a tweet from Cody Hill, who refers to himself as a “batteries and clean energy infrastructure developer,” pointing to a rather stunning development. Despite a massive heat wave that has put more …
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CONTINUE READINGMore on BACA and data centers
Considering the arguments in a recent op-ed arguing Prop 45 does not cover data centers
A key issue in the debate over the Cal Chamber of Commerce CEQA initiative (BACA, or Proposition 45 on the ballot) is whether it includes data centers as the types of projects that are eligible for the CEQA exemptions and vested rights provisions in the initiative. I’ve written about why they may well fall within …
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CONTINUE READINGJudge Smacks Down EPA’s Attempt to Revoke Six of California’s Waivers
She calls EPA’s legal arguments Orwellian.
Judge Beryl Howell of the U.S. District Court for the District of Columbia is having none of EPA’s shenanigans in the agency’s most recent attempt to revoke four of California’s waivers to cut pollution from vehicles. On Wednesday, Howell issued a preliminary injunction — accompanied by a stinging opinion – ordering the agency to …
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CONTINUE READINGEl Niño is Coming. Californians Still Need Better Tools to Recover from Disaster.
AB 2385 would have helped local governments prepare for disaster recovery, but the bill failed to make it out of the Senate Appropriations Committee.
Last week, AB 2385 (Petrie-Norris) died in the California Senate Appropriations Committee. Its demise is the latest frustration in the long saga to rebuild from the terrible January 2025 Los Angeles fires—and to apply some lessons learned about disaster recovery in the process. I’ve had a front row seat, as both an Angeleno and a …
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CONTINUE READINGTroubled Waters
We’re seeing increasing signs of a malfunctioning US water system.
Water problems are popping up all over. Literally so, in at least one case. In the Permian basin, geysers of toxic wastewater are erupting. The water was pumped underground as part of the basin’s massive fracking operations. Fracking produces five or six barrels of wastewater for every barrel of oil. High pressure underground is pushing wastewater into oil and gas basins as well as threatening drinking water aquifers. We’ve been taking our ability to obtain water and manage discharges for granted, just as we tend to take plumbing for granted except when it starts leaking or breaking down. It appears that our neglect is beginning to catch up with us.
CONTINUE READINGInterpreting the Clean Air Act After Chevron’s Demise
A recent Ninth Circuit case requires states to do more to achieve clean air goals.
Last week, the Ninth Circuit decided Committee for a Better Arvin v. EPA, which is both a significant air pollution case and an interesting case study in how the Supreme Court has changed judicial review of agency actions. Applying what it considered to be the best interpretation of an ambiguous statute, the Court required tougher air pollution controls for the San Joaquin Valley. The dissent argued that the decision would be a disaster in terms of policy. But is that even relevant under the Loper Bright ruling?
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