General
Cap and Trade’s Future in California, Redux
Litigation, AB 197 and Politics May All Have an Influence
Two days ago, I posed a series of questions about what AB 197 might mean for the future of cap and trade in California but never really answered the question of whether we’re likely to see a continuation of the program going forward post-2020. Eric posted his view this afternoon that he is relatively pessimistic …
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CONTINUE READINGA(n Admittedly Subjective) List of America’s Very Best National Parks
(This is the fourth in a series of posts this week commemorating the 100th anniversary of the creation of the National Park Service.) I love lists. Whether it’s a compilation of the year’s top movies, the best restaurants in California (out-doing even the best restaurants in Bozeman where I grew up), or the best rock …
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CONTINUE READINGMajor Challenges Face the National Park Service in Its Next Century
Park Overcrowding, Crumbling Infrastructure, Changing Constituency Top the List
(This is the third in a series of posts this week commemorating the 100th anniversary of the creation of the National Park Service.) To be sure, the National Park Service has much to celebrate as it observes its 100th birthday. The Park Service oversees a stunning and diverse set of national parks, monuments, historic and …
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CONTINUE READINGDoes AB 197 Mean the End of Cap and Trade in California?
Language Directs the Air Resources Board to Prioritize Direct Emissions Reductions
As Ethan’s post recounts, the California Assembly today passed AB 197, a bill linked to SB 32, which extends California’s climate goals to 2030 and requires emissions reductions by that year of 40 percent below 1990 levels (see my post from yesterday describing the bills and how they are linked). The passage of the two …
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CONTINUE READINGThe (Relatively) Unknown Treasures of the National Park Service
Our National Park System Consists of Far More Than Just National Parks
When most Americans think of the National Park Service, they contemplate the nation’s stellar collection of national parks: Yellowstone, Yosemite, the Everglades and the other 56 parks created by acts of Congress since 1872. But that’s only part of the story and holdings of the National Park Service, which celebrates its 100th birthday this week. …
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CONTINUE READINGSB 32 Passage Great News But Legislature Needs to Pass AB 197 Too
AB 197 Would Curtail California Air Resources Board Power, Potentially Restrict Cap-and-Trade
Ethan reported the good news today that the California Assembly passed SB 32, legislation that would extend California’s landmark climate change legislation to 2030 and require deeper cuts in emissions. The original legislation, AB 32, required that California cut its emissions to 1990 levels by 2020. SB 32 requires that the state achieve a 40 …
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CONTINUE READINGCalifornia Supreme Court Holds Unanimously that the State May Restrict Mining Methods on Federal Lands
Court in People v. Rinehart Upholds State Moratorium on Suction-Dredge Mining
Last year, as I discussed in a prior post, the California Supreme Court granted the State of California’s petition for review in the case of People v. Rinehart. I’m pleased to say that today, the Supreme Court has issued a unanimous opinion, authored by Justice Werdegar, in favor of the state’s moratorium on suction-dredge mining on federal lands. …
CONTINUE READINGNational Park Service Celebrates Centennial Anniversary
It’s Time to Celebrate–and Re-Commit to–“America’s Best Idea”
This week the National Park Service celebrates its 100th birthday. On August 25, 1916, Congress enacted legislation proposed by President Woodrow Wilson to create the Park Service. To this date, creation of the Service remains one of the nation’s most important actions to protect America’s environment. (Documentarian Ken Burns–himself a national treasure–famously called the national …
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CONTINUE READINGUpcoming Regulatory Takings Conference 2016
Nation’s Top Annual Takings Event Set for November 4th in New Orleans
One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels. Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental …
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CONTINUE READINGBeyond Administrative Law
Law students need to know about more than administrative procedure and judicial review.
Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools. It’s a great course, but it’s limited. The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative …
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