General

Politics v. Legality and the Clean Power Plan

EPA’s Final Plan Changes State Targets, With New Winners and Losers

When the President released the final version of the Clean Power Plan last week, it contained a number of big alterations to the draft plan.  One of the most significant changes  was the way each state’s greenhouse gas emissions target was calculated.  The bottom line is that — generally — states more heavily reliant on …

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CA Supreme Court Rejects California State University’s CEQA Dodge–Again

Justices Hold CSU Can’t Pass the Buck re: Environmental Mitigation Measures Tied to Campus Expansion

In an important decision issued last week, the California Supreme Court forcefully rejected the California State University’s efforts to avoid paying for mitigation measures needed to offset the adverse environmental impacts associated with CSU’s ambitious expansion plans.  That’s welcome if predictable news from a court that has in recent years been protective of the state’s bedrock …

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California Governor Jerry Brown: Environmental Saint or Sinner?

Brown’s National & International Environmental Reputation Disputed by Some California Environmentalists

California Governor Jerry Brown has had a most eventful 2015, especially when it comes to environmental policy.  He started the year fresh from an overwhelming election victory last November, earning him an unprecedented fourth term as California’s chief executive.  Brown began 2015 by declaring a state drought emergency and becoming California’s “educator-in-chief,” repeatedly warning state …

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A Case of Reverse Causation?

Tomorrow’s Emission Determine Today’s Social Cost of Carbon

Here’s the weird thing: the social cost of carbon today, depends significantly on the year-by-year emissions of carbon in the future, which we obviously don’t know. (Because it depends on our own future actions!)  It takes some explanation to show why that’s true and how it matters. If you know a bit about climate policy, you know …

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Guess What? The Clean Power Plan Isn’t Going to Destroy America After All.

Compliance isn’t turning out to be that much of a burden.

Here’s the headline from the Washington Post: “Outrage over EPA emissions regulations fades as states find fixes.”  Senator Mitch McConnell has been telling all and sundry the plan will be a disaster and states should refuse to have anything to do with it.  But even in his home state, according to the Post, the Clean …

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Tragedy of the Commons–California Drought-Style

State Farmers Planting New Almond Orchards Despite Critical Water Shortages

Traveling through California’s drought-striken San Joaquin Valley repeatedly over the past year, I’ve been surprised and disheartened to see that Valley farmers continue to convert their agricultural fields to newly-planted almond orchards.  (My anecdotal observations have been confirmed by various recent press accounts.)  This development is a striking, current example of Garrett Hardin’s Tragedy of …

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Sacramento Judge Halts California Regulator’s Efforts to Impose Water Cutbacks

Court Rules Water Board’s Administrative Process Violates Water Users’ Due Process Rights

A Sacramento judge has thrown a wrench into the California State Water Resources Control Board’s efforts to impose water cutbacks on several of the state’s senior water rights holders.  In a July 10th order, Superior Court Judge Shelleyanne Chang ruled that the Water Board’s administrative process, designed to implement drought-based water reductions, violates the due …

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Could a Riparian Conservation Network increase the ecological resilience of public lands?

A new article suggests river corridors could leverage existing policies to build habitat connectivity

As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …

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A Water Rights Database For California’s Future

A proposal to modernize information for management of water resources

In April, a group of us (Richard Roos-Collins, Michael Kiparsky, Nell Green Nylen, Michael Hanemann, and Holly Doremus) wrote a document arguing for the need to develop a more complete and functional source of legal information on California’s water rights. Since then, this proposal has been circulated widely among the California water community. In the spirit of …

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Justice Roberts Relied on Utility Air Regulatory Group in Upholding Obama Subsidies

The Chief Uses Scalia’s Words Against Him and I Can’t Resist Saying “I Told You So”

Today’s opinion in King v. Burwell  is a victory for common sense, not to mention for the millions of people who get subsidies under the Affordable Care Act to pay for health insurance.  In determining that the subsidies for health insurance extend not only to states that established their own exchanges but also to individuals served …

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