General

The California Supreme Court’s Most Important Environmental Law Decisions of 2017

CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket

As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its …

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Truth Will Out.

At least 3 times, the Administration has admitted the reality and dangers of climate change.

Despite all the efforts at disinformation, the Trump Administration has let the truth slip out. On four occasions, the Administration has issued or signed warnings about climate change. One is an act of Congress.  I’ll begin with the most recent and most significant example. Last Tuesday, Trump signed the Defense Authorization Act, HR 1810. The …

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California Doubles Down on Its Commitment to Reduce State Greenhouse Gas Emissions

California Air Resources Board Adopts New, Landmark Climate Change Scoping Plan

California’s Air Resources Board (CARB) has adopted a new 2017 Climate Change Scoping Plan, which is designed to extend and expand upon the state’s longstanding commitment to reduce California’s aggregate greenhouse gas (GHG) emissions.  This is a landmark achievement, one that moves California further down the road to a sustainable environment and economy. A bit …

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The Federal Government Has *Always* Shaped the Energy System

Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.

To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I.  Ever since then, the federal government has been actively …

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …

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Of Dreamliners and Drinking Water

pipes

Michael Kiparsky and Christian Binz

As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing …

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ESA Under Attack. Again.

The Washington Post tomorrow is running an Op Ed written with Peter Alagona, a colleague in environmental studies at UCSB. We were approached by the Post and asked to write a piece addressing the current raft of bills that seek to weaken the Endangered Species Act and sharing our views about alternatives. With a tight limit …

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Dispatch from the Bonn UN Climate Conference

So what’s up with the Paris Agreement now that the U.S. has announced its intent to withdraw? The main annual UN conference on climate change is underway in Bonn, Germany, and UCLA Law is on the ground here. We’ll be reporting this week on what we see and hear. This conference, which serves as the …

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Officially-True Lies

Administration policy is based on a series of falsehoods.

There are some falsehoods which the United States government has now adopted as dogma.  They aren’t true but they’re repeated day in and day out. Sadly, they’re sometimes not even deliberate falsehoods, because the people who repeat them have been brainwashed into believing them or are just too ignorant to realize the actual facts. “Greenhouse …

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Everything You Always Wanted to Know About the Chevron Doctrine

This doctrine, formerly known only to specialists, will play a large role under Trump.

During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before the courts, we’re going to be hearing a lot more about it. …

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