General
It’s High Time to Ban “Monster Fracking” in California
Fracking consumes enormous amounts of water, pollutes aquifers & is contrary to our climate goals
Recently, the New York Times published an important and disturbing expose’ titled, “‘Monster Fracks’ Are Getting Far Bigger. And Far Thirstier.” The Times article focuses on the alarming intersection of three current environmental crises–water supply shortages, groundwater contamination, and excessive greenhouse gas emission levels–that threaten California and other states across the nation. Fracking (the shorthand …
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CONTINUE READINGGov. Newsom Goes to China to Talk Climate
Here’s what Newsom will see, say, and do on his China trip. He should also be listening for what California can learn from China.
We’re learning more about what Gov. Gavin Newsom will see, say, and do on his trip to China. All told, Newsom is slated to visit 6 cities in 5 provinces, including Guangdong, Jiangsu, and Shanghai—where he’s signing a new climate agreement. He plans to meet with representatives from the Chinese Ministry of Ecology and the …
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CONTINUE READINGWhat’s New About Income-Graduated Fixed Charges?
California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the second post in a series that follows that proceeding.
California’s new income-graduated fixed charge (IGFC) policy makes two major moves. The IGFC 1) unbundles costs from volumetric rates and shifts a portion of those costs into a separate fixed charge and 2) imposes the fixed charge on the basis of income. The IGFC has been described as unprecedented—but just what is new about this …
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CONTINUE READINGOne More Key Groundwater Bill Just Became Law
Gov. Newsom signs AB 779, which addresses inequities in California’s complicated groundwater adjudication process.
Earlier this week the San Francisco Chronicle declared that California’s legislative session would close with just a single bill addressing injustices in the state’s water rights system. Now you can add one more to the list. Gov. Newsom signed Assembly Bill 779 into law this week. It’s an important step to reforming the state’s murky—often …
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CONTINUE READINGCalifornia Enacts Major Water Law Reform Legislation–But More Changes Are Needed
New law explicitly authorizes State Water Board to require water users to verify their water rights
The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389, an important water law reform measure authored by State Senator Ben Allen. California has one of the most antiquated and outdated water rights systems of any Western state. To put it bluntly, California currently faces a 21st century water supply …
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CONTINUE READINGA(nother) California “Regulatory Takings” Case Heads to the Supreme Court
Newly-accepted case pits private property rights against government land use authority
The U.S. Supreme Court has agreed to hear and decide an important “regulatory takings” case from California that has major implications for federal, state and local governments nationwide. The case is Sheetz v. County of El Dorado, Docket No. 22-1074. Even before the justices granted review in the Sheetz case last Friday, the Court’s 2023-24 …
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CONTINUE READINGThe Not-So-Good News About Carbon Offsets
Recent studies show the significant limits to some carbon offsets. What’s that mean for tropical forest jurisdictions?
In case you missed it: there’s some good news about Amazon deforestation continuing to plunge. Jason Gray and I spoke recently about why tropical deforestation is down in Brazil, Colombia, and Indonesia. That’s good news because deforestation of tropical forests is a huge source of greenhouse gas emissions. The World Resources Institute’s Forest Pulse report …
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CONTINUE READINGThe Overshoot Commission Addresses Geoengineering
The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.
In this, my third post on the recently released report of the Climate Overshoot Commission, I’ll discuss their treatment of the most challenging and controversial part of their mandate, Solar Geoengineering or Solar Radiation Modification (SRM). As I noted in my introductory post on the Commission, I served as an advisor to the Secretariat and …
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CONTINUE READINGCalifornia is Suing Big Oil Thanks to Journalism
California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?
The state of California has joined the party. By “party” I mean the increasingly ambitious climate liability litigation against Big Oil. And when California shows up at the party, the volume goes way up. There’s already been a lot of smart analysis on the legal arguments (including by UCLA’s Cara Horowitz here). I’d like to …
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CONTINUE READINGAction on Methane
California’s Subnational Initiative
At Climate Week New York yesterday, California announced a significant new initiative for Subnational action on methane. The UC Berkeley Center for Law, Energy, and Environment (CLEE) helped develop the Initiative, so I’m particularly pleased to highlight it. Methane As has been discussed previously in Legal Planet, methane is a colorless, odorless, flammable gas. It …
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