General
California Releases Draft Plan to Reach Carbon Neutrality by 2045
California’s Draft 2022 Scoping Plan is an ambitious, affordable, and actionable plan for addressing climate change
California’s lead climate and air quality agency published a comprehensive draft plan yesterday for how the state could reach its carbon neutrality goals by no later than 2045. The California Air Resources Board’s (CARB) Draft 2022 Scoping Plan Update (Draft Plan) assesses both California’s progress toward meeting its 2030 greenhouse gas (GHG) emissions reduction target …
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CONTINUE READINGGoverning Emissions Trading in California and China
Two new policy reports from an international research collaboration consider the design and implementation of emissions trading systems in China and California
Carbon markets are at a crossroads. As of 2021, 30 emissions trading systems were in force globally, covering 16–17% of global greenhouse gas (GHG) emissions. Last year, climate negotiators in Glasgow finalized the Paris Agreement rulebook for international cooperation through carbon markets, clearing the way for the expansion of emissions trading and carbon pricing worldwide. …
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CONTINUE READINGBadly Drafted and Constitutionally Suspect
New laws blacklist “discrimination” against fossil fuel companies in states that normally could care less about discrimination of any kind.
Texas and a number of other states have passed laws banning what they call “boycotts of fossil fuel companies.” More precisely, they ban state investment or contracting with firms that “boycott” fossil fuel companies. Besides being fundamentally misguided and difficult to implement, these blacklist laws are poorly drafted and quite likely unconstitutional. The “fundamentally misguided” …
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CONTINUE READINGTaking the Court’s Temperature on Global Warming
A case on the shadow docket may shed light on the Court’s direction.
Court watchers and environmentalists are waiting with bated breath for the Supreme Court to rule on West Virginia v. EPA, the Court’s most important climate change case in a generation. The issue in that case is what, if anything, EPA can do to regulate carbon emissions from power plants and factories. Yesterday, conservative states asked …
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CONTINUE READINGRegistration Is Open for the 2022 California Water Law Symposium
California’s Most Important Annual Water Law Conference–Law Student Organized!–Set for April 9th
Registration is now open for California’s 2022 Water Law Symposium, scheduled for Saturday, April 9th. U.C. Davis School of Law has the honor of hosting this year’s Symposium, which is an extraordinary event in two respects: first, it is organized entirely by law students (rather than law firms, water organizations, law professors or commercial vendors). …
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CONTINUE READINGCelebrating the Birth of America’s National Park System
Yellowstone–the World’s First National Park–Created 150 Years Ago
American author, historian and conservationist Wallace Stegner once observed: “National parks are the best idea we ever had. Absolutely American, absolutely democratic, they reflect us at our best rather than at our worst.” More recently, Ken Burns channeled Stegner in titling Burns’ award-winning PBS documentary, “The National Parks–America’s Best Idea.” The National Park System …
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CONTINUE READINGDon’t Leave the Public Out of the Public Utilities Commission
California may have denied due process for those questioning PGE’s penalty for starting the Kincade Fire
The Sonoma County District Attorney has been pursuing criminal charges against the Pacific Gas & Electric Company (PG&E) for its role in sparking the 2019 Kincade fire, which reportedly destroyed 374 structures and led to over $600 million in damages. These criminal charges returned to the news today because the District Attorney has asked to …
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CONTINUE READINGThe Battle for the Senate
The 2022 elections will have repercussions in 2024 and beyond.
How much does control of the Senate matter for purposes of environmental law? If Congress remains in Democratic hands, the Democrats can make another run at a reconciliation bill. Even if the House flips, control of the Senate still matters a lot, though the reasons are more complicated. The State of Play. Here’s where things …
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CONTINUE READINGWetlands, the Clean Water Act & the Supreme Court: the Sacketts Return to Washington
Justices Grant Review (Again) in the Sacketts’ Longstanding Wetlands Battle With the Government
This week the U.S. Supreme Court agreed to hear the case of Sackett v. USEPA, No. 21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. If the Sackett litigation sounds familiar, it should: the case has been pending for well over a decade, and this is …
CONTINUE READINGIncome-Targeted Environmental Policies, Episode 1
An introduction to AMI
This is the first post in a short series on income-targeted environmental policies. Read the second post, on LA’s Transit-Oriented Communities program, here. As environmental law becomes more concerned with the equity of policy outcomes, income-targeted policy elements are becoming more and more common. This should be a good thing: income is closely correlated with …
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