California

Fighting to Preserve California Vehicle Emission Standards

Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of National Parks Groups

Last week, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to eliminate California’s authority to apply its own automobile emission standards under the Clean Air Act. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) …

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders

California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against …

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California’s Spiking Coronavirus Cases

Clearly, it’s not just increased testing. We have a real problem.

The number of reported COVID-19 cases in California has risen dramatically.  What’s going on, and what should be done about it? The situation has changed so rapidly that I’ve had to rewrite this story repeatedly since I began work on it last week. Early Last Week When I started work on the story a week …

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New Report: A Cleaner, More Resilient Electrical Grid for California

California’s electrical grid is at the center of our fight against climate change, with aggressive goals to decarbonize through renewable energy. But the grid is at risk as climate impacts become more severe, particularly from worsening wildfires. To help modernize the grid to be cleaner and more resilient, the state will need deployment of clean …

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Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers

U.S. Court of Appeals Rules Unconstitutional Trump Administration’s Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction

Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense.  The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined …

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Towards an equitable microgrid policy

The California Public Utilities Commission’s recent decision is a first step to grid resiliency for communities of color and low-income communities

The 2020 fire season has already started, and we cannot repeat the mistakes of past fire seasons. PG&E recently pled guilty to 84 counts of manslaughter after 84 people were killed when a derelict PG&E transmission line sparked the 2018 Camp Fire. The 2019 fire seasons saw widespread public safety power shutoffs (PSPS events), most …

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Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important  implications for administrative law — and for environmental law cases in particular.  Here are three main takeaways. Requiring Reasoned Explanation.  Chief Justice John Roberts reinforced the principle that …

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Tapping the Earth’s Power

Geothermal power could play an important role in decarbonization.

There’s been a lot of recent interest in geothermal energy. It can complement other renewables as they become a bigger part of the power mix. A recent study by DOE suggests that geothermal capacity could reach 60 Gigawatts by 2050. The basic technology is pretty simple: drill down into a reservoir of super-hot water (up …

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Environmentalists Can Help Address Racism Through Housing Policy

Restrictive local zoning affects both the environment and racial justice

As the United States grapples with issues of racism and police brutality in the wake of the killing of George Floyd by Minneapolis police officers, environmentalists need not be bystanders in the debate over solutions. As Claudia and Steve argued on this blog, environmentalism has multiple opportunities to help address institutional racism, though few issues …

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Green in Black and White

It’s Time to Show Up

My favorite opening line from any Earth Day speech ever was this: “Today, black and white, yellow and brown, we are all green.”  The speech was delivered three decades ago; the place was Times Square; and the speaker was David Dinkins, New York City’s first (and to date, only) African-American mayor.  How I wish his …

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