General

Rain-Free January Portends Continued California Drought of Increased Severity

Severe Reduction in Sierra Snowpack Another Sign That State’s Worst Drought Just Gets Worse

January 2015 ends with a most dubious distinction: it’s been the driest January in recorded California history.  That’s especially bad news, considering that January has traditionally been the wettest month of the year in the Golden State. According to National Weather Service and California Department of Water Resources (DWR) statistics, the alarming precipitation figures for Northern …

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Celebrating Four Decades of Energy Innovation: The California Energy Commission at 40

How California & the Commission Launched Their Acclaimed Energy Policy–& the Challenges That Lie Ahead

This month marks the 40th anniversary of California’s landmark Warren-Alquist Act, which created the state Energy Commission and triggered a transformation of energy policy in California, across the U.S., and abroad. This week an impressive group of energy policymakers, political leaders, energy scholars and Energy Commission alumni gathered at events in Sacramento and at the U.C. Davis …

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California’s Water Law Symposium–A Law Student Success Story

Students From Six Northern California Law Schools Collaborate in a Big and Unconventional Way

The 11th Annual Water Law Symposium was held last weekend at Golden Gate University Law School in San Francisco.  The event drew a standing-room-only crowd of water law scholars, practitioners and policymakers, who devoted the day to a thoughtful and lively examination of how California’s constitutional law doctrine of reasonable use affects all facets of …

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Food Policy: A Reply to Dan Farber

Earlier this week on this blog, Dan Farber made the excellent point that although the average American is neither malnourished nor obese, both persist as significant problems revealing deep failures in our food system. But his juxtaposition of statistics regarding obesity with those regarding malnourishment reflects a common misunderstanding of malnourishment, which is often equated with …

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Renowned Scholar Jim Salzman to Join UCLA Law, UCSB Bren School Faculties

I am thrilled to share the news that  Jim Salzman is moving west to join the faculties of the Bren School at UC Santa Barbara and  UCLA School of Law.  Jim is  currently the Samuel Mordecai Professor at Duke Law School and Nicholas Institute Professor at Duke’s School of the Environment  but is moving  this summer to become …

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Zero Trash

Using the Clean Water Act to Control Marine Debris in California

This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from …

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How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex …

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term.  Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …

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2014: Happy Endings & Promising Starts

In most ways, 2014 was a good year for environmental protection, with progress on several fronts.  True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants.  And of course, there were losses as well as victories, …

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An Administrative Overreach?

The White House has proposed new guidelines on how to treat greenhouse gas emissions in environmental impact statements.  Basically, the document recommends a quantitative analysis of carbon emissions whenever emissions exceed 25,000 tons per year.  The proposal goes beyond a previous one in targeting resource projects such as coal mines as well as direct emissions. …

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