General
Celebrating 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 …
Continue reading “Celebrating the Birth of America’s National Park System”
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 …
Continue reading “Don’t Leave the Public Out of the Public Utilities Commission”
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 …
Continue reading “The Battle for the Senate”
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 …
Continue reading “Income-Targeted Environmental Policies, Episode 1”
CONTINUE READINGWildfires, CEQA, Climate Change & the Courts
Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards
Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state’s most important environmental law, the California Environmental Quality Act (CEQA). However, the California judiciary has demonstrated little appetite for doing so. Until now. Recently, courts …
Continue reading “Wildfires, CEQA, Climate Change & the Courts”
CONTINUE READINGPositive Signs That California’s New Housing Laws Will be Enforced
Recent Actions by California Courts & State Officials Are Encouraging, & Push Back Against Local Government Recalcitrance on the Housing Reform Front
In a recent post, I analyzed the California Legislature’s recent passage and Governor Gavin Newsom’s signing into law of two important bills–SB 9 and SB 10–designed to confront California’s well-documented housing crisis. Those laws represent but the latest chapter in the Legislature’s record-setting enactment of numerous statutes in recent years to incentivize and mandate construction …
Continue reading “Positive Signs That California’s New Housing Laws Will be Enforced”
CONTINUE READINGLosing Justice Hobbs, Western Water Expert and Valued Mentor
When former Colorado Supreme Court Justice Gregory J. Hobbs passed away recently, just weeks shy of his 77th birthday, he left a gaping hole in the hearts of many. Not just family and close friends. But people across the Colorado legal community, the broader Western water community, and a far-flung network that includes Berkeley Law …
Continue reading “Losing Justice Hobbs, Western Water Expert and Valued Mentor”
CONTINUE READINGWhat Should EPA Do After Repealing the Clean Power Plan?
The CPP has been overtaken by events, but EPA does have some options.
My last post argued that EPA should immediately repeal the Obama Administration’s Clean Power Plan. The Plan was Obama’s signature climate policy. It attempted to move away from fossil fuels and toward zero-carbon sources like solar power to supply electricity. The Plan has been overtaken by later events, and it seems clear that the Supreme …
Continue reading “What Should EPA Do After Repealing the Clean Power Plan?”
CONTINUE READINGThe Latest Chapter in Los Angeles’ Century-Long Water War With the Eastern Sierra’s People & Environment
LADWP’s Unilateral Revocation of Water Allocation to Mono County’s Farmers & Ranchers Triggers County’s CEQA Challenge
There LADWP goes again. Recently the Los Angeles Department of Water and Power announced it was walking away from its longstanding obligation to provide Mono County residents and the environment with a tiny fraction of the water it transports from Mono County to LADWP’s urban customers in Los Angeles. When efforts by county officials to …
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
