California

“Big Oil” Defeats California’s Petroleum Reduction Legislation, But It May Not Matter

Western States Petroleum Association will likely face tough regulations and market conditions anyway

It was a rare defeat yesterday in the legislature for California’s environmental community. After major victories in 2006 with AB 32 (to reduce greenhouse gas emissions to 1990 levels by 2020), in 2008 with SB 375 (to reform transportation and land use planning), and in 2010 with a voter rejection of the oil industry’s attempt …

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Registration Opens for 2015 Yosemite Conference–The Nation’s Top Environmental Law Event

This Year’s Yosemite Conference Promises to Continue a Tradition of Excellence

Registration is now open for the 2015 edition of the State Bar of California’s Environmental Law Conference at Yosemite.  That conference, held each fall, is unquestionably the premier environmental law-related event in California.  I would go so far as to argue that it’s actually the top such program in the entire United States. The Yosemite Conference …

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CA Supreme Court Rejects California State University’s CEQA Dodge–Again

Justices Hold CSU Can’t Pass the Buck re: Environmental Mitigation Measures Tied to Campus Expansion

In an important decision issued last week, the California Supreme Court forcefully rejected the California State University’s efforts to avoid paying for mitigation measures needed to offset the adverse environmental impacts associated with CSU’s ambitious expansion plans.  That’s welcome if predictable news from a court that has in recent years been protective of the state’s bedrock …

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California Governor Jerry Brown: Environmental Saint or Sinner?

Brown’s National & International Environmental Reputation Disputed by Some California Environmentalists

California Governor Jerry Brown has had a most eventful 2015, especially when it comes to environmental policy.  He started the year fresh from an overwhelming election victory last November, earning him an unprecedented fourth term as California’s chief executive.  Brown began 2015 by declaring a state drought emergency and becoming California’s “educator-in-chief,” repeatedly warning state …

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Tragedy of the Commons–California Drought-Style

State Farmers Planting New Almond Orchards Despite Critical Water Shortages

Traveling through California’s drought-striken San Joaquin Valley repeatedly over the past year, I’ve been surprised and disheartened to see that Valley farmers continue to convert their agricultural fields to newly-planted almond orchards.  (My anecdotal observations have been confirmed by various recent press accounts.)  This development is a striking, current example of Garrett Hardin’s Tragedy of …

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Sacramento Judge Halts California Regulator’s Efforts to Impose Water Cutbacks

Court Rules Water Board’s Administrative Process Violates Water Users’ Due Process Rights

A Sacramento judge has thrown a wrench into the California State Water Resources Control Board’s efforts to impose water cutbacks on several of the state’s senior water rights holders.  In a July 10th order, Superior Court Judge Shelleyanne Chang ruled that the Water Board’s administrative process, designed to implement drought-based water reductions, violates the due …

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Clem Shute to be honored by California bar

Boalt alum will follow Joe Sax as second recipient of environmental law lifetime achievement award

This just in, courtesy of Shute, Mihaly & Weinberger — Clem Shute (Boalt ’64) will be honored this fall with the second Award for Lifetime Contribution to the Field of Environmental Law. (The first Award, of course, went to the late Joe Sax.) Clem richly deserves this prestigious award. He has been a major player …

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A Water Rights Database For California’s Future

A proposal to modernize information for management of water resources

In April, a group of us (Richard Roos-Collins, Michael Kiparsky, Nell Green Nylen, Michael Hanemann, and Holly Doremus) wrote a document arguing for the need to develop a more complete and functional source of legal information on California’s water rights. Since then, this proposal has been circulated widely among the California water community. In the spirit of …

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Saving California’s Beaches

New expert report offers recommendations for shoreline armoring management

As California’s beach goers and residents well know, erosion and climate change are already impacting the California coastline. Eighty percent of California’s coast is actively eroding, and the latest science projects that sea levels may rise up to 5 additional feet along much of the coast by the end of this century. Higher sea levels …

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Breaking News: Supreme Court Rules Federal Agricultural Program a Taking

Justices Uphold California Raisin Growers’ Fifth Amendment Challenge

The United States Supreme Court today ended a David-and-Goliath-style, 10-year legal battle between a pair of California raisin growers and the federal government, declaring that the government triggered a compensable taking of the growers’ private property when a federally-controled agricultural board ordered seizure of a portion of their crop.  The Court’s decision can be accessed …

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