California
Unsheathing a Weapon for Clean Air: ISRs
New UCLA Law report focuses on how to use Indirect Source Rules to fight pollution from mega facilities.
We don’t have to tell you that air pollution remains a serious threat to communities across California, from Oakland to the Inland Empire. But what if we told you that most air regulators are fighting air pollution with one hand tied behind their back, unnecessarily? It turns out there is a powerful weapon that can …
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CONTINUE READINGDay After Earth Day, the Climate Pope, and the 89%
The Drain is a new weekly roundup of climate and environmental news from Legal Planet.
Environmental journalists everywhere are breathing easier this morning. They made it through Earth Day — one of two insufferable seasons of cliche, inane PR pitches clogging their inboxes. (The other? The 2-week UN Climate Conference each fall.) Environmental advocates are breathing a little easier too, because the White House blinked first in the war of …
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CONTINUE READING“What We Do Matters:” UCLA’s Charging Ahead Symposium
States and cities have a lot of tools to cut vehicle pollution. It’s time to break them out.
Trump is a bump. A nasty one, but a bump nonetheless, because the world is on the road to zero-emission fuels and vehicles no matter what. That was one takeaway from “Charging Ahead,” the UCLA Emmett Institute’s annual symposium held on April 9 — devoted this year to cutting vehicle pollution during the next four …
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CONTINUE READINGAnother CEQA urban residential exemption bill
AB 609 provides a different and promising approach for advancing urban infill, but it could use a map
Following up on my recent post about SB 607, which proposes creating a California Environmental Quality Act (CEQA) exemption for urban infill housing, a similar bill, AB 609, has also been introduced this session. Like SB 607, AB 609 exempts from CEQA housing projects in urban areas. The main difference with respect to the infill …
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CONTINUE READINGHelp Shape the Bay Area’s Climate Future
Seeking input from local leaders, organizations, and individuals to shape California’s Fifth Climate Assessment for the region
The California Climate Change Assessment is a key initiative to understand and address the state’s climate impacts and build resilience through informed decision-making. California’s Fourth Climate Change Assessment included a series of technical reports, regional summaries, and a statewide synthesis covering key issues such as extreme heat, wildfires, and sea level rise—providing critical guidance for …
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CONTINUE READINGWildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGThe Mirage of Trump’s State Climate Law Executive Order
There is no overreach.
On Tuesday, the White House released an Executive Order titled “Protecting American Energy from State Overreach.” It is unclear what the order believes is in need of protection, but it is certainly not the near-term health of our lungs or the long-term livability of our communities. What is clear, fortunately, is that there is little …
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CONTINUE READINGIntroducing Your Legal Planet Weekly Roundup
The L.A. Times Boiling Point is ending its informative weekly news roundups. Here’s your weekly Legal Planet roundup, The Drain.
Good morning! The L.A. Times fantastic Boiling Point column is ending its weekly news roundups of environmental and climate stories. As columnist Sammy Roth noted in his message to readers, “reading and analyzing so many news stories every week takes up an enormous amount of time and energy.” No kidding! I produce something similar for …
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CONTINUE READINGThe Death of CEQA?
Not quite, but Assemblymember Wicks’ new bill would severely limit CEQA for housing.
“Legislative bombthrower” is one of those cliched – and thus overused – metaphors. And California State Assemblymember Buffy Wicks (D-Richmond) has no reputation as one. But with her latest effort, AB 609, it seems like she is enjoying her Molotov cocktail shaken, not stirred. Wicks’ bill – now cosponsored with several other Assemblymembers – is …
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CONTINUE READINGGetting Creative on Vehicle Emissions
UCLA Law set to host a symposium on April 9 on ways to charge ahead on cutting emissions.
These are tough times for lovers of zero emission vehicles–and clean air. I probably don’t need to recite the threats to both, but here’s a sampling: the Trump Administration has pledged to roll back federal air quality standards and mobile source emissions standards; is gutting funding for EV charging networks (and is even, maddeningly, shutting …
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