California
More 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?
Enough With The Doomscrolling
Environmental Progress Does Exist – And So Does Good News
So much is awful nowadays, that we need to share good news at Legal Planet, and there actually is some. For the first time ever, German solar and wind electricity production outpaced that of fossil fuels. In 1987, forest cover in Costa Rica, one of the famously most biodiverse nations on the face of …
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CONTINUE READINGThe Limits of Implementation for BACA
Potential practical limits on the scope of the initiative to rewrite CEQA
I’ve done a lot of analysis of the potential scope of the Cal Chamber initiative on the ballot this fall to fundamentally rework CEQA. However, I also want to highlight a range of constraints that I think will limit the practical impact of the initiative. In doing so, I do not want to minimize the …
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CONTINUE READINGBACA and planning
Initiative to fundamentally rewrite CEQA will have important implications for planning in California
A key question under the CEQA initiative on the ballot this fall, should it be enacted, is how it will relate to planning in California law. The question is an important one because planning has long been a key component of California land-use and environmental law. All local governments are required by state law to …
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CONTINUE READINGEnsuring Environmental Protections Without CEQA
The legislature could take steps to address the impacts on state environmental law of the enactment of BACA this November
It seems likely at this point that the Cal Chamber initiative to significantly rewrite CEQA will pass this fall. A recent PPIC poll found over 70% support for the initiative. As I’ve noted earlier, a real concern with any change to CEQA is that key parts of California’s system of environmental protections depend on CEQA. …
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CONTINUE READINGNinth Circuit Upholds South Coast Zero-NOx Emission Standard for Appliances
The Ninth Circuit limiting EPCA preemption is a huge and important win for clean air.
Last fall I wrote about a strangely important case about boilers, in which the Ninth Circuit would decide whether a challenged zero-NOx air emission standard adopted by LA’s air regulator was lawful. The case is important because it had the potential to significantly constrain the ability of air pollution regulators to do their jobs and …
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