Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, […]
General
Sessions Out, Whitaker In: What Might the DOJ Shakeup Mean for Environmental Enforcement?
¯\_(ツ)_/¯
News broke this afternoon that Trump has forced Attorney General Jefferson Beauregard Sessions III to resign — naming Sessions’ chief of staff, the Marbury v. Madison critic and sports take tweeter Matthew Whitaker acting AG. This move obviously has some pretty horrifying implications for the country at large, but it’s worth thinking about how the […]
Solar Geoengineering and International Law
May states intentionally alter the entire planet’s climate?
A couple weeks ago, I introduced solar geoengineering (see also 1, 2, 4 in the series). This is a set of proposed technologies that would reduce climate change by blocking or reflecting a small portion of incoming sunlight. It appears that it would be effective in reducing climate change, inexpensive, rapid, and technically feasible. It would […]
SAFE From Kavanaugh?
Would the newest Justice uphold the Trump administration’s fuel economy standards rollback?
A little over a week ago, my colleagues and I submitted comments to EPA and NHTSA urging the withdrawal of the Trump administration’s so-called “SAFE” rule, which would roll back the federal fuel economy standards for model year 2021-2026 passenger cars and light trucks and revoke California’s waiver for its Advanced Clean Cars program. The […]
Major Policy Attacks on California’s Low Carbon Fuel Standard and Why They’re Off-Target
Second in a Series About California’s Low Carbon Fuel Standard Program
[Post co-authored by Ted Parson and Sean Hecht] In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. Because it’s a prominent and ambitious policy that will reduce California’s reliance on petroleum-based transport fuels, it is unsurprising the Low-Carbon Fuel Standard has […]
Tear Up the Dodger Stadium Parking Lot
It’s not just the Dodgers’ bullpen that needs revision
The Los Angeles Dodgers’ second consecutive World Series flameout has management considering a number of important off-season questions. What is Clayton Kershaw’s future at the club? Will Manny Machado, who reportedly left the stadium after Game 4 wearing a “Villains” backwards cap, get the boot? Here at the Emmett Institute, we have been pondering another […]
California’s Proposition 6: Bad Policy & Nefarious Politics
Proposed Repeal of California’s Landmark “Gas Tax” Legislation Would Be Disastrous for State
Politicians don’t like to focus on infrastructure maintenance. It’s not sexy, doesn’t command media headlines, and captures little public attention. But maintaining a functioning, safe public infrastructure system is vital to ensuring a strong economy, protecting public safety and promoting long-term environmental goals. That’s why Proposition 6, a measure on California’s November 6th general election […]
The Affordable Clean Energy Rule Would Be Neither Affordable Nor Clean
Today marks the end of the public comment period on the proposed Affordable Clean Energy (“ACE”) rule, the EPA’s proposed replacement of the Clean Power Plan (“CPP”). The CPP is the Obama-era effort to limit emissions of greenhouse gases from fossil-fuel-fired power plants. For reasons laid out previously on this blog (see here and here, […]
Obama-Era Vehicle GHG Emission Standards Critical for Californians and Consumers
Berkeley Environmental Law Clinic’s Comments on the SAFE Vehicles Rule
On Friday, the comment period closed on EPA’s proposed “Safer Affordable Fuel-Efficient Vehicles (SAFE) Rule.” The rule would roll back Obama-era vehicle GHG emissions standards and rescind California’s preemption waiver, which allows the state to maintain its own standards. 83 Fed. Reg. 42986 (Aug. 24, 2018). The UC Berkeley Environmental Law Clinic (ELC) submitted two […]
Negative Greenhouse Gas Emissions, the National Academies, and the Law
What does the scaling-up of negative emissions technologies for environmental law?
In my previous posts , I described how most emissions scenarios that are expected to keep warming within 2 or 1.5°C rely on negative emissions technologies (NETs) at large scales and how the new report from the Intergovernmental Panel on Climate Change addresses NETs (as well as how solar geoengineering could offer an additional means to […]