California

California’s Big Land Use And Transportation Initiatives To Watch Today

Measures in both San Francisco and Los Angeles could have a big impact on the future of the state

Yes, there’s a lot happening today in the national election. Lost in the shuffle though are three big initiatives before some California voters that could have a big impact on the state’s transit and development future. Measure RR to restore BART: this is an unusual transit measure because it’s one of the first I’ve seen …

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively …

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UC Berkeley & UCLA Law Launch New Climate Policy Website

Register for a webinar on the new site’s features on Wednesday at 2pm, with a keynote by Mary Nichols

To meet the challenge of climate change, California and other governments will need to adopt a suite of policies affecting multiple sectors. Reducing economy-wide greenhouse gas emissions will take reforms in energy, land use, transportation, and agriculture, to name just a few. Since 2009, UC Berkeley and UCLA Schools of Law, with the generous support …

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My Environmental Law Wish List For A California Legislative Super-Majority

Tuesday could give Democrats enough seats to make a major impact on environmental policies

The presidential election next week is making most of the news these days, but while the rest of the country flirts with electing Donald Trump as the next president, California is going its own progressive way. The Republican Party has been all but completely marginalized in this state, for a variety of demographic reasons and …

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The Steadily-Dying Sierra Nevadas

Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests

Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend.  As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …

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What’s The Future Of California’s High Speed Rail System?

Join My KALW Radio Conversation Tonight With Authority Chair Dan Richard At 7pm

California’s high speed rail system has been moving at a low speed since voters approved a bond issue to launch it in 2008. That ballot measure authorized a bullet train from San Francisco to Los Angeles and eventually Anaheim, at speeds of 220 miles per hour and stops in Central Valley cities like Fresno and …

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Of Initiative Wars, Plastic Bags and Poison Pills

Deciphering California’s (Intentionally) Confusing Plastic Bag Propositions

California’s longstanding efforts to eliminate single-use plastic bags from the marketplace and the environment have finally reached California voters. The November 8th general election ballot contains a breathtaking 17 separate propositions–16 proposed initiative measures and one referendum measure.   Propositions 65 and 67 both deal with the same subject–a proposed ban on single-use plastic bags.  Those dueling measures …

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California’s Zero-Emission Vehicle Mandate In Need Of Reform

Long-term climate goals depend on addressing the current “glut” of compliance credits

California leads the nation in plug-in electric vehicle sales, with about 40% of the nationwide total happening in the Golden State. While some of that progress is related to the sheer market size here, much of it is due to state policies. And the biggest of those policies is the “zero emission vehicle” (or “ZEV”) …

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California Enacts Legislation Targeting Short-Lived Climate Pollutants

The statute codifies the goals set by the Governor and ARB

On Monday, Governor Brown signed SB 1383 into law, establishing statewide targets for reducing what are known as “short-lived climate pollutants,” which I have discussed in previous posts. The law requires a 40% reduction in both methane and hydrofluorocarbon gases (HFCs) below 2013 levels, and a 50% reduction in black carbon from 2013 level. Legislators …

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State regulation of environmental harms on federal lands

California Supreme Court case indicates substantial authority for states to act

Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law.  Here, I just want to add to Sean’s excellent summary by …

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