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California Supreme Court Issues Split Decision in CEQA Preemption Case
Justices Find CEQA’s Application to Public Railroad Projects Not Fully Preempted
The California Supreme Court has ruled in an important case that the California Environmental Quality Act (CEQA) is not fully preempted when it comes to publicly-owned railroad projects in the Golden State. Friends of the Eel River v. North Coast Railroad Authority. In that decision, the justices forged a middle ground between the more extreme …
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CONTINUE READINGGuest Blogger Gregory Dotson: Is Scott Pruitt Calling for an Amendment to the Clean Air Act?
EPA Administrator Resorts to Misleading Rhetoric in Possible Prelude to Revisiting Massachusetts v. EPA
Since he was confirmed to lead the U.S. Environmental Protection Agency six months ago, Administrator Scott Pruitt has relied on three points when discussing the issue of climate change. He has cast doubt on the science by claiming it’s difficult to know the human role “with precision.” He has questioned the ability of the agency …
CONTINUE READINGCalifornia Supreme Court Upholds Regional Planning Agency’s Greenhouse Gas CEQA Analysis, and Sets Out Principles to Ensure Better Analysis in the Future
Decision Will Help Ensure Development and Transportation Planning in California Supports GHG Reduction Efforts
In May, Rick Frank posted his reflections on the oral argument in the California Supreme Court on Cleveland National Forest Association v. San Diego Association of Governments (SANDAG), and predicted that SANDAG would win the case. His prediction has proved correct with the release of the Court’s opinion last week – but SANDAG’s narrow win provides a …
CONTINUE READINGEnergy & Climate Are Hot News
Some of it is bad news — but despite Trump, there are many positive signs.
Climate and energy issues have been hot topics in the news. Consider yesterday’s issues of the NY Times and the Washington Post. Of course, both papers have featured coverage of the G20 conference. They emphasized that the U.S. is isolated internationally by its decision to withdraw from the Paris Agreement. Trump was unable to get …
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CONTINUE READINGHoping New Reservoirs Will Immediately Store More Water in California? That’s Unlikely.
Emmett Institute’s Latest Pritzker Brief Looks at the Timeline and Legal Requirements for Implementing New Surface Water Storage Facilities
Surface water storage has become a hot topic in California. The recent drought led voters in 2014 to approve California’s Proposition 1 water bond, which, in part, earmarked $2.7 billion for the public benefits of storage projects. It’s very likely that at least some of that money will go to a large surface water storage …
CONTINUE READINGBreaking News: Coastal Commission Prevails in Major California Supreme Court Case
Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition
The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights. Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited …
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CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGClimate Policy Canadian-Style
Canada is setting a great example to its southern neighbor.
Despite our geographic proximity and close economic ties, Canada doesn’t get a lot of press attention in the U.S. But unknown to many, Canada has been taking aggressive steps forward in climate policy. Prime Minister Justin Trudeau rejected Trump’s decision in no uncertain terms: We are deeply disappointed that the United States federal government has …
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CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act. The …
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CONTINUE READINGYikes, Is It Pledge Week Already?
Yes, this is your biannual opportunity to invest in our work.
Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we hardly ever do them. But twice a year doesn’t seem like too much of an imposition, and this is a really important time. This is our first “ask” since the new Administration took office. There’s an especially critical need today for policy-driven research …
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