California
The Cap-and-Trade Auction: Still Not a Tax
Folks are talking again about whether California’s climate cap-and-trade auction is an unlawful tax, rather than a valid exercise of the state’s regulatory power to control pollution. The news hook for the revival of this conversation is a recent order, discussed below, from the California Court of Appeal to the parties in the court case where …
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CONTINUE READINGOf sewage spills and citizen suits
New Berkeley Law report examines citizen actions addressing sanitary sewer overflows in California
(This post is co-authored with Nell Green Nylen and Michael Kiparsky.) Every day, Californians produce millions of gallons of wastewater. We tend to avoid thinking about what flows down our drains, but how we deal with sewage is a critically important aspect of public and environmental health. Most communities in California rely on an extensive …
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CONTINUE READINGSolving The Energy Efficiency Puzzle
New report recommends ways that California can encourage more private financing of energy efficiency retrofits
Much of our efforts to reduce carbon emissions involves fairly complicated and advanced technologies. Whether it’s solar panels, batteries, flywheels, or fuel cells, these technologies have typically required public support to bring them to scale at a reasonable price, along with significant regulatory or legal reforms to accommodate these new ways of doing old things, …
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CONTINUE READINGMitigating the Climate Impacts of Aliso Canyon
Staff from California Air Resources Board released the Draft Aliso Canyon Methane Leak Climate Impacts Mitigation Program last week. While the program has yet to gain approval by the Board, the final version will probably not change much. Overall, the Draft Program signals ARB’s desire to take full advantage of the political will and financial …
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CONTINUE READINGUCLA Law and Berkeley Law Are Recognized Among Top Five Environmental Law Programs in New U.S. News Rankings
Environmental Law Programs Thrive in California’s Public Universities
I’m pleased to report that the environmental law programs at both UCLA Law and Berkeley Law are among the top five in the country, according to the new U.S. News and World Report law school specialty ranking for this year. Berkeley is ranked #4, and UCLA is ranked #5. (Technically, there are six top-five schools, …
CONTINUE READINGThe Devil is in the Design: Forming California’s New Groundwater Agencies
By Dave Owen and Mike Kiparsky
Cross-posting from the Environmental Law Prof Blog. This post was written by Dave Owen and Mike Kiparsky. It is based on a recent report, co-authored with Nell Green Nylen, Holly Doremus, Barb Cosens, Juliet Christian-Smith, Andrew Fisher, and Anita Milman. Not that long ago, the opening words of one of Joe Sax’s articles described California pretty well. “We Don’t …
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CONTINUE READINGAnother California Regulatory Agency in Crisis: Southern California’s Air Quality Management District Fires Longtime Executive Officer
Barry Wallerstein’s Ouster from SCAQMD Signals Tilt Away from Protection of Public Health
In a move that shocked the environmental advocacy community and low-income communities of color that suffer most from the impacts of poor air quality in Los Angeles, the governing board of the South Coast Air Quality Management District fired its longtime executive officer Barry Wallerstein today, voting 7-6 in closed session to remove him from …
CONTINUE READINGSan Jose’s Inclusionary Housing Ordinance Dodges Supreme Court Bullet
Justices Deny Review of California Supreme Court Decision Upholding San Jose Measure
Advocates of the City of San Jose’s controversial inclusionary housing ordinance, which was upheld in a 2015 California Supreme Court decision, are breathing a sigh of relief this week. That’s because the U.S. Supreme Court has denied the California Building Industry Association’s petition for certiorari in the case. But the available evidence suggests that the High Court …
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CONTINUE READINGRisk Subsidies and the Future of Nuclear Power in the U.S.
Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?
As I’ve written about before, U.S. law massively subsidizes the nuclear power industry. In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the …
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CONTINUE READINGLessons from Aliso Canyon, Part II
Leaks in Regulation
Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …
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