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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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CONTINUE READINGOf Dreamliners and Drinking Water
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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CONTINUE READINGESA 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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CONTINUE READINGDispatch 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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CONTINUE READINGOfficially-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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CONTINUE READINGEverything 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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CONTINUE READINGHow the filibuster shapes environmental law
Political structures affect how environmental law works
In case you haven’t noticed recently, there’s been some national attention paid to how the US Senate operates. In particular, a lot of attention has been focused on the filibuster, the requirement that for legislation (as opposed to judicial or executive nominees), 60 Senators must vote to close debate on the legislation for a vote …
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CONTINUE READINGCalifornia’s AB 313–A Solution in Search of a Problem
Governor Brown Should Veto Ill-Conceived Bill That Would Undermine State Water Board’s Enforcement Authority
Overall, the California Legislature had a most productive year when it comes to environmental issues. It extended until 2030 the cap-and-trade program that’s a centerpiece of the state’s ongoing efforts to reduce California’s aggregate greenhouse gas emissions. It passed the mis-named “gas tax” legislation, which not only provides funding to rebuild California’s once-proud but now …
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CONTINUE READINGGuest Blogger Michael Wara: The Trump Administration Moves to Guarantee Profits for Coal-fired and Nuclear Power Plants
Finally, something anti-regulation conservatives and pro-environment progressives can agree on: dislike of the Sec. Perry’s Resilience and Reliability NOPR
The gloves came off last week when it comes to the Trump Administration’s attempts to subsidize coal in U.S. electricity markets. On Friday, Energy Secretary Rick Perry formally requested that the Federal Energy Regulatory Commission guarantee profits for both new and existing coal fired and nuclear power plants. While Sec. Perry doesn’t have the power …
CONTINUE READINGRyan Zinke’s Troubling Remarks Undercut Dept. of Interior’s Core Mission
Comments to Oil Trade Association Attack Agency Staff, Dismiss Environmental Safeguards
At a recent meeting of the American Petroleum Institute (the national oil company trade association), Interior Secretary Ryan Zinke made clear some of his plans for the Department of the Interior. According to AP reporting, he called almost 1/3 of employees disloyal, said he plans to speed up oil and logging permits, and revealed a …
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