The U.C. Davis School of Law’s California Environmental Law & Policy Center has published a detailed analysis of one of the most controversial initiative measures facing California voters on the November 6, 2018 general election ballot: Proposition 3. California’s Proposition 3: A Policy Analysis provides a detailed summary and analysis of the proposed “Water Supply […]
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by […]
[Update: The Second District Court of Appeal, Division 5 has rejected all the amicus curiae brief applications filed in this case, including this brief. We will leave this post, and the link to the brief, up on this blog so that anyone interested may see our arguments, but the brief will not be considered in […]
The environmental law centers at UCLA and UC Berkeley Schools of Law have released a new policy brief that describes the top challenges and solutions for deploying zero-emission freight technologies at Southern California’s ports. Policy Solutions to Boost Zero-Emission Freight at Southern California’s Ports summarizes the key findings from a conference on the topic at UCLA […]
Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy […]
Is it fair to hold companies responsible for past emissions, even if they didn’t know at the time the emissions were harmful? Shouldn’t it be a defense that they didn’t appreciate the risk at the time?Not if tort law is any guide. Tort law imposes liability for ongoing harm even though a company did not […]
California’s Secretary of State has certified 12 ballot measures (“propositions,” in California election parlance) to appear on the state’s November 6, 2018 general election ballot. Many of those propositions–indeed, fully half of the dozen measures with which state voters will be confronted this fall–involve important environmental policy and legal questions. I’ll write in greater detail […]
The House Energy and Commerce Subcommittee on Environment is currently considering amendments designed to weaken the New Source Review permitting program. The GOP proposal has been floating around since a discussion draft was released in May based on a bill introduced last year by Rep. Morgan Griffith (R-Va.), but seems to have flown under the radar until […]
Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals’ earlier decision in Washington v. United States “is affirmed by an equally divided Court.” The justices split 4-to-4 on […]
CRISPR is a breakthrough gene editing method. (I can’t refrain from noting that a key role in the discovery was played Jennifer Doudna at Berkeley.) There are potential risks from gene editing to the environment, similar to other types of GMOs. But there may be environmental benefits too. Here are a few that have been […]
