Land Use
New Law Reaffirms Local Authority to Ban Oil Drilling
AB 3233, part of a trio of bills that the governor just signed, paves a clear path for local phase-out efforts.
This morning, Governor Newsom signed a trio of bills—AB 3233 (Addis), AB 1866 (Hart), and AB 2716 (Bryan)—that will protect communities in Los Angeles and across the state from the harms of oil and gas production, the impacts of which are disproportionately experienced in low-income communities of color across the state. He signed the package …
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CONTINUE READINGCommunity Solar: Compensation
Who gets the money? Compensation mechanisms are where a lot of the power of these programs resides, but naturally, also the debate.
This post is co-written by Naomi Caldwell (J.D. ’24, UCLA School of Law). Two recent posts explored community solar through the lens of its many potential benefits. (Part One on systemwide benefits and Part Two on local and individual benefits.) Today’s post follows the money, exploring community solar compensation mechanisms. The question of who makes …
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CONTINUE READINGEnvironmental Lawyering Today
If you’d like to defend the environment as a lawyer, you should take a broad view of what that means.
To law students: The Earth not only needs a good lawyer, it needs many kinds of good lawyers doing many kinds of work. Whatever area of law interests you most, there’s no reason why you can’t be one of them.
CONTINUE READINGHow are California’s New Climate Adaptation and Resilience Grant Programs Performing?
CLEE reports analyze state’s highly in-demand adaptation and resilience grants for crucial local climate action
California is rapidly experiencing the impacts of a changing climate, from devastating wildfires and persistent droughts to rising sea levels, extreme heat, and erratic precipitation patterns. Climate adaptation is crucial for building resilience to these and other risks, thereby protecting California’s communities, economy, environment, and public health. However, effective adaptation requires significant investment, particularly in …
CONTINUE READINGLittle Hoover Commission Releases Flawed CEQA Report
The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.
More than a year ago, California’s Little Hoover Commission convened the first in a series of public hearings designed to interrogate the California Environmental Quality Act (CEQA) as well as Californians’ often tense relationship with that landmark legislation. In recent years, some pro-housing advocates have pointed to CEQA as the bogeyman driving the state’s affordable …
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CONTINUE READINGA New Era for Protecting Public Lands
The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.
In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes …
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CONTINUE READINGU.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGNew Bill Takes Up Local Oil Drilling Phase-Outs
Oil and gas interests want to weaponize new case law from the California Supreme Court. AB 3233 would clarify the scope of local authority over drilling operations.
When the California Supreme Court ruled last August that Monterey County could not enforce its voter-approved ban on new oil and gas wells, lawyers for Chevron said the company was “pleased” to end the 7 years of litigation. Monterey County is home to the eighth-largest oil field in California, so there was plenty at stake …
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CONTINUE READINGMisusing Carbon Removal as a Climate Response
Carbon removal is an alluring idea. That also makes it a tempting façade for bad policies.
It seems clear that in some form, carbon removal is going to be an important component of climate policy, especially later in the century to deal with carbon levels that overshoot the targets in the Paris Climate Agreement. The problem is not with the concept but with its misuse. One of the risks that …
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CONTINUE READINGRecentering Environmental Law: A Thought Experiment
If we had understood then what we know now. . . .
In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …
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