General Archives - Page 19 of 95

General

NEPA 2.0 and Transmission Projects

Will the new NEPA provisions speed approval of urgently needed projects?

In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …

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UCLA Clinic Submits Amicus Brief in Water Rate Design Case

A trial court decision invalidated the City of San Diego’s tiered water rates. This amicus brief by the Environmental Law Clinic on behalf of California Coastkeeper Alliance and Los Angeles Waterkeeper argues a reversal is needed to pursue conservation and equity.

Court challenges to the use of tiered water rates in California are threatening the state’s own water conservation and affordability goals. That’s what’s at stake in a case called Patz v. City of San Diego. Climate change is intensifying California’s hydrologic variability and exacerbating the state’s water supply challenges. Dwindling water supplies have led …

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Community Benefits Agreements (CBAs) and Offshore Wind

Wind turbine installation in Colorado. Photo credit: Dennis Schroeder, NREL

Community Benefit Agreements (CBAs) can provide tools for California communities negotiating offshore wind development impacts

Offshore wind is one of many renewable industries taking off in California as the state accelerates infrastructure investment and development to meet its climate targets. The California Energy Commission has adopted planning goals of 2-5 GW of offshore wind (OSW) by 2030 and 25 GW by 2045. Other state goals include reducing greenhouse gas emissions …

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UCLA Law Clinic Files Amicus Brief Seeking Review of Decision in Berkeley Gas Case

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. Berkeley case on behalf of seven law professors: our own William Boyd, Dan Farber and Sharon Jacobs at UC Berkeley, Jim Rossi at Vanderbilt, David Spence at UT Austin, Shelley Welton at UPenn, and Hannah Wiseman at Penn State. (The …

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California must move more quickly to decarbonize existing residential buildings

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

California has set ambitious climate goals, which include reducing state greenhouse gas (GHG) emissions 40 percent by 2030 and reducing GHGs 85 percent (and achieving statewide carbon neutrality) by 2045. Amongst all the sectors state leaders seek to address, existing buildings (which are responsible for over 10 percent of state emissions), and especially existing residential …

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The Farm Is Not An Algorithm

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

This article provides an overview of the second interview in a three-part interview series that explores how digitalization is reshaping environmental governance. I spoke with Oane Visser, an Associate Professor in Agrarian Studies at the International Institute of Social Studies. Visser earned his Ph.D. in anthropology from Radboud University, Nijmegen, in the Netherlands. His research …

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Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

Digitalization is reshaping environmental governance in profound ways. As environmental degradation and climate change intensify, society increasingly turns to digital technologies to live more sustainably and protect biodiversity and other natural resources, such as land, water, and energy. Digital tools are transforming who is involved in environmental decision-making, how environmental problems are understood and assessed, …

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What’s Next in the Fight over Berkeley’s Natural Gas Ordinance

The Martin Luther King Jr. Civic Center, where the Mayor's Office and City Council are located

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

The City of Berkeley just filed a petition for en banc review in its long-running litigation in defense of an ordinance it passed that restricts natural-gas infrastructure in new construction. This litigation has been watched by many in the climate-policy world because of the popularity of laws like Berkeley’s; it took on new relevance for local-authority …

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A Climate Trial in Montana Sets the Scene for More

Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.

Young people who have the most to lose from climate change have filed lawsuits in all 50 states, but the first of these cases to go to trial will be in Montana—unofficially nicknamed “the Last Best Place”—which may be the perfect venue for a landmark trial about government culpability for the global climate crisis. Starting …

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

Why Do Heat Pumps Have a Bad Rap? Lies

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

How To Botch A CEQA Analysis

LA Metro’s draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.

General

Will the new NEPA provisions speed approval of urgently needed projects?

A trial court decision invalidated the City of San Diego’s tiered water rates. This amicus brief by the Environmental Law Clinic on behalf of California Coastkeeper Alliance and Los Angeles Waterkeeper argues a reversal is needed to pursue conservation and equity.

Community Benefit Agreements (CBAs) can provide tools for California communities negotiating offshore wind development impacts

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

New Report recommends scaling California’s Go Green financing program faster, changing program design and implementation

The inaccuracies of precision agriculture carry socio-environmental risks and produce inequalities.

Does technology shift focus toward “green policing” and away from integrated conservation and development?

In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.

Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Join Our Mailing List

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

TRENDING

The Founding Fathers were more environmentally aware than we give them credit for. Woke, even.

According to the D.C. Circuit, the answer is no.

The latest failed effort at privatization of federal lands shows the modern political weakness of land transfer movements

The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining

The Court left open a variety of workarounds. At least for the now.

Guest Contributor Emma Rose Shore, a UCLA Law student, reflects on the current administration’s attack on civil servants and the cancellation of summer internships.

Overall a good bill, but the definition of natural and protected lands is inadequate

LA Metro’s draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.

Trump’s EPA says carbon emissions from U.S. power plants are too insignificant to regulate.

How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

LA Metro’s draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.

Woolsey Fire survivors reflect on the rebuilding process and what might help rebuild more resiliently after the January fires.

New developments in Deep Sea Desalination hold important promise for the freshwater crisis – and might require an amendment to Clarke’s Third Law.

Here’s how the APA bolsters the rule of law and protects the environment.

In a year defined by affordability and climate crises, several bills aimed to alleviate pressures on both fronts are advancing in the Legislature.

In partnership with UCLA, the Blue Ribbon Commission on Climate Action and Fire-Safe Recovery has released its final recommendations.

New UCLA report “Power Struggle: California’s Electric Utility Ownership Dilemma” by Sylvie Ashford, Mohit Chhabra, and Ruthie Lazenby

Overall a good bill, but the definition of natural and protected lands is inadequate

How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.