General
The Questionable Legal Basis of the “Transparency” Proposal
EPA seems unsure of the legal authority for its proposal — and for good reason.
“They sat at the Agency and said, ‘what can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?’” When he said those words, Scott Pruitt was talking about the Obama Administration. But it seems to be a pretty …
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CONTINUE READINGThe New EPA Plan To Roll Back Auto Emissions Standards and “Supersede” the California Waiver is Legally Indefensible
It is also terrible for the planet
The Los Angeles Times is reporting that EPA will propose to roll back greenhouse gas emissions standards for automobiles to 2020 levels. EPA will also claim that the California waiver is superseded by fuel economy standards issued by NHTSA and therefor is not valid, according to the report: Administration lawyers argue that the law gives …
CONTINUE READINGNative American Treaties, Declining Salmon Populations, Broken Promises & Environmental Justice
Pending Washington v. U.S. Supreme Court Decision Offers Hope & Vindication for Tribes, Coastal Fisheries
Truth be told, the U.S. Supreme Court’s 2017-18 Term has been an unsually quiet one for environmental and natural resources law. Until now. This week the Supreme Court heard oral arguments in a last-minute addition to the Court’s current docket. Washington v. United States, No. 17-269, a case the justices only accepted for review in January, …
CONTINUE READINGHurricane Recovery in Texas
It’s been eight months. What’s happened since the storm?
Hurricane Harvey made landfall in the U.S. on August 25, 2017. That probably seems like ancient history to many Americans who live outside the area. The storm has certainly dropped out of the national media. It’s not easy to find information about how storm recovery is proceeding. But here’s where I could find. Let’s start …
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CONTINUE READINGLessons From the University of California’s Carbon Neutrality Initiative
New Pritzker Brief Highlights Barriers to, Recommendations for, Getting to Zero Carbon Emissions by 2025
In 2013, University of California President Janet Napolitano announced that the system’s ten campuses and its central office would cut their carbon emissions to zero by 2025. The goal is one of the most ambitious organizational goals in the country. To help implement the Carbon Neutrality Initiative, the President appointed a Global Climate Leadership Council …
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CONTINUE READINGTales From the Front: A Field Trip to the Utah Monuments
Personal Reflections on the Raging Debate Over Trump’s Utah Monument Reductions
One of most highly visible disputes arising out of the Trump Administration’s multifaceted efforts to roll back and nullify the natural resources policies of previous administrations is the decision by President Trump and Secretary of the Interior Zinke to substantially reduce two national monuments in Utah created by former President Obama under the Antiquities Act. President Trump’s December …
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CONTINUE READINGRegister Now: Toward Zero-Emission Freight At Southern California’s Ports
Free daylong conference at UCLA on Friday, June 8th will examine the prospects, pitfalls & policy needs
The Ports of Los Angeles and Long Beach bring more goods into the U.S. than any other ports in the country. Yet together the ports are the single largest source of air pollution in Southern California. Harbor commissioners have adopted an ambitious plan to transition to cleaner fuels for goods movement in and around the …
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CONTINUE READINGWhy California gets to write its own auto emissions standards: 5 questions answered
Authored by Nicholas Bryner and Meredith Hankins
Rush hour on the Hollywood Freeway, Los Angeles, September 9, 2016. AP Photo/Richard Vogel This article was originally published on The Conversation. Read the original article. Editor’s note: On April 2, Environmental Protection Agency Administrator Scott Pruitt announced that the Trump administration plans to revise tailpipe emissions standards negotiated by the Obama administration for motor …
CONTINUE READINGClimate Change in the Courts
What’s next in climate change litigation?
There are three important climate lawsuits pending in federal court. Here’s the state of play and what to expect next. In the first case, Oakland and San Francisco sued leading oil companies. They claim that the companies’ production and sale of fossil fuels is a public nuisance under California state law. They seek an abatement …
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CONTINUE READINGThe Paradox of Electricity Deregulation
This is one setting where “deregulation” is a lot more complicated than regulation.
You might think that deregulation means sweeping away regulations, which ought to make the law much simpler. But the opposite is true in the electricity sphere. The regulatory system in states taking the traditional fixed-price approach is actually much easier to understand than the so-called deregulation method. Instead of saying “deregulation” it would be better …
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