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The role of regulatory relationships in wastewater innovation

Five boxes are shown, one for each of the 5 characteristics. Arrows connect some of the boxes to one another. The first box is for “clarity.” It says “The relationship establishes explicit and mutually understood expectations regarding the utility’s and regulator’s respective responsibilities and goals.” The second box is for “capacity building.” It says “The relationship builds knowledge and abilities for both the utility and the regulator.” The third box is for “continuity.” It says “The relationship begins early and continues throughout project development and implementation.” The fourth box is for “trust.” It says “The relationship fosters willingness by the utility and regulator to take risks in exchange for the other party’s capability and willingness to deliver on commitments, as well as public confidence in both.” Finally, the fifth box is for “bounded flexibility.” It says “The relationship maintains the ability to adjust and adapt over time, including by (1) supporting project refinement, learning, and adjustment and (2) exploring the appropriate use of regulatory discretion.” Three arrows point from the clarity box to other boxes. One arrow points to the capacity building box and says “Helps parties identify their information needs.” A second arrow point to the trust box and says “Helps parties understand one another’s goals, responsibilities, and constraints + identify areas of alignment.” The third arrow points to the bounded flexibility box and says “Helps parties identify where flexibility may be possible and beneficial.” Two arrows point from the capacity building box to other boxes. One points to the trust box and says “Builds project-specific knowledge + builds ability to deal with innovation.” The other points to the bounded flexibility box and says “Supports project refinement and adjustment.” Four arrows point from the continuity box, one to each of the other four boxes. The arrow to the clarity box says “Maintains understanding of parties’ goals and expectations.” The arrow to the capacity building box says “Supports developing and maintaining the parties’ institutional and project-specific knowledge.” The arrow to the trust box says “Demonstrates a pattern of good-faith interactions.” The arrow to the bounded flexibility box says “Enables ongoing engagement around adaptive management + regulatory discretion.” Finally, an arrow points from the trust box to the bounded flexibility box. It says “Increases willingness to use adaptive management + supports exploring regulatory discretion.”

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Public water and wastewater utilities are increasingly struggling to meet society’s expectations. Their basic infrastructure is aging, budgets are tight, and they face a barrage of stressors, from population growth to climate change and shifting regulatory expectations. What’s more, in addition to performing their traditional function of protecting human health and water quality, many wastewater …

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Environmental Law Again Front-and-Center at California Supreme Court

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …

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EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 

Today’s the day for the long-awaited release of Environmental Protection Agency regulations to tackle planet-warming pollution by the nation’s power plants. (Read the announcement here and the full text here.) The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. For weeks, …

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Supreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits

Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry

This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …

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To Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment

Aerial view of a reservoir showing low water levels.

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …

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Three Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision

The James R. Browning U.S. Court of Appeals Building

This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.

On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly …

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The Latin American Lithium Industry is at a Crossroads

Policies set now by Argentina, Bolivia and Chile could determine the course of lithium mining—and the fight against climate change.

It may be one of the most overused clichés favored by headline writers, but nonetheless, it is true that the Latin American lithium industry is at a crossroads. The regulatory decisions made by the Governments of Argentina, Bolivia, and Chile in the following months and years will set the course for the lithium industry, …

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The Impacts of Explicitly Racist Land Use Practices Persist in California Communities. Is It Time for State Intervention?

A new report from the Frank G. Wells Environmental Law Clinic explores the relationship between California’s long history of racism in land use and environmental permitting. It also shows the path forward.

The Frank G. Wells Environmental Law Clinic and the Leadership Counsel for Justice and Accountability have released a new report, Concentrated Overburden, that explores the connection between California’s history of racialized land use practices and environmental injustice throughout the state. The report provides recommendations for actions by the California Legislature to soften the impacts of …

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Brazil Advances in Climate Change Litigation

The Amazon rainforest on the Urubu river.

A new wave of cases is gaining momentum to protect the Amazon and they differ from traditional environmental lawsuits in historic ways, writes guest contributor Silvia Fregoni.

Climate litigation is gaining momentum in Brazil as a tool to protect the Amazon rainforest from illegal deforestation. A new wave of cases differs from traditional environmental lawsuits by highlighting the connections between preserving the Amazon and the climate, the grave risk of greenhouse gas emissions caused by deforestation, and the critical role of the …

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How Can We Build Transmission Infrastructure Responsibly?

Flyer for the second panel of the Emmett Institute 2023 Symposium, titled "Transmission Case Study: Remaking our Power Grid for Renewable Energy", featuring panelists Jennifer Chen of WRI, Karen Douglas of CPUC, and Jeremy Hargreaves of Evolved Energy Research, and moderator William Boyd of UCLA

The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?

This is the second of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, and the third post, on transportation infrastructure; and RSVP for the Symposium here! The clean-energy transition that is one …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

Crisis at DOJ’s Environment & Natural Resources Division

Guest contributors Sommer Engels, Andrew Mergen, and Justin Pidot write that dismantling ENRD will be disastrous for future administrations, the American people, and even for the Trump Administration.

General

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants.

Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.

Policies set now by Argentina, Bolivia and Chile could determine the course of lithium mining—and the fight against climate change.

A new report from the Frank G. Wells Environmental Law Clinic explores the relationship between California’s long history of racism in land use and environmental permitting. It also shows the path forward.

A new wave of cases is gaining momentum to protect the Amazon and they differ from traditional environmental lawsuits in historic ways, writes guest contributor Silvia Fregoni.

The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

Local action becomes even more important under a new federal regime

There were dozens of actions, all harmful to the environment. These are the worst of the worst.

The Torrance Refinery Action Alliance and Rep. Maxine Waters have renewed calls to ban hydrofluoric acid at SoCal refineries. Here’s why and how that could work.

New CLEE report with model policies to ensure a responsible EV battery supply chain

Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.

Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.

The people occupying environment and energy positions will be anti-regulatory and pro-fossil fuel.

The action would mean full-blown warfare against all things climate.

Biden’s climate law has already had a dramatic impact.

Would elimination of civil service protection increase government efficiency? Probably not.

Guest contributors Sommer Engels, Andrew Mergen, and Justin Pidot write that dismantling ENRD will be disastrous for future administrations, the American people, and even for the Trump Administration.

Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.

Revisiting a key case in the history of the ESA

Paper #2 in Monograph Series

Why is the Trump administration kneecapping the U.S. offshore wind industry while China becomes a global giant?

The action would mean full-blown warfare against all things climate.

Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.

Here are five ways states can save climate policy despite Trump.

Trump and House Republicans are trying to ‘flood the zone’ when it comes to wrongly blaming California environmental regulations for the LA fires.

There were dozens of actions, all harmful to the environment. These are the worst of the worst.

It’s important to remember the regulatory history—and the growing urgency—of limiting climate change-related carbon pollution from power plants. 