Legislation
Worrying Gaps in CA Climate Disclosure Implementation
Guest contributors Cynthia Hanawalt and Andy Fitch write that CARB lacks authority to exempt insurers from GHG emissions reporting.
Guest contributors: Cynthia Hanawalt is the Director of Climate and Business Law at Columbia University’s Sabin Center for Climate Change Law and Andy Fitch is a Climate and Business Law fellow at the Sabin Center. We recently surveyed the empirical literature regarding the impacts of corporate greenhouse-gas (GHG) disclosure on companies’ emissions, and called for …
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CONTINUE READINGDoes Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The answer may depend on what being “in effect” means.
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? This matters because federal law preempts state fuel efficiency standards if, but only if, a federal standard is “in effect.” Congress just eliminated any penalty for violating the federqal standards. Which means at best they have only a kind of ghostly existence, but no substance to speak of.
CONTINUE READINGAn “Unprecedented” Heat Wave is Just the Start
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Dust off your fan or set the thermostat for your heat pump. A heat wave is in the forecast for the western U.S., bringing 90-plus degree heat to much of California and records are likely to fall. Temperatures that are 20-30 degrees above normal for this time of year are on tap starting today. It’s …
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CONTINUE READINGA Chance to Rebuild Better
AB 2385 by Assemblymember Cottie Petrie-Norris would help local governments spring into action after disasters.
Fourteen months after the Palisades and Eaton fires, many Angelenos remain uncertain if they will ever return to the neighborhoods they call home and policymakers are still grappling with how to help rebuild. Back in September, I wrote about a drafting wrinkle in state law that’s standing in the way of local governments’ ability to …
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CONTINUE READINGBring Back the Legislative Veto!!
Restoring Presidential-Congressional balance also restores the Constitution’s vision of government — and could pay environmental dividends
One line that stood out in the Supreme Court’s opinion in the tariff case, Learning Resources v Trump, was this one from Neil Gorsuch: Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve. Any President keen on his own authority (and, …
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CONTINUE READINGPolicies on the Bus Go Round and Round
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A year ago, the transportation manager of Northshore School District, outside of Seattle, wrote to EPA Administrator Lee Zeldin pleading with him to release frozen funding she was owed for new school buses. “We need your assistance to complete these projects and lift the financial burdens school districts are facing due to the delay in …
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CONTINUE READINGThat Was the Year That Was
2025 had a lot of bad environmental news, but also a few rays of hope.
2025 has been a dark time for Americanswho care about the environment. Rather than being a repeat of his first term, which had been bad enough environmentally, Trump’s second term has been a tsunami of bad news. Besides some outright rollbacks, Trump has done his best to purge the government of programs and people implementing environmental law. Much of that has been illegal but effective anyway. The demolition of the East Wing will be remembered as a defining moment, the perfect metaphor for an Administration that has religiously embraced the motto, “move fast and break things.”
CONTINUE READINGA Year After the LA Fires, Who’s Accountable for a Resilient Recovery?
Altadena and the Palisades are moving forward but outcomes depend on survivors’ access to resources. It doesn’t have to be this way.
Last week, on a warm December evening in Los Angeles, my husband and I were tidying our backyard after hosting a holiday lunch when our street’s palm trees began listing in a strong wind. I felt a chill run down my spine then, the same chill I felt the next day when I smelled smoke …
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CONTINUE READINGCan Bioplastics Be Composted? UCLA Clinic Investigates
See how bioplastic packaging interacts with California’s waste system as UCLA’s Environmental Legislation Clinic tours facilities across the state.
A student team from UCLA’s California Environmental Legislation and Policy Clinic has been conducting research for a project on bioplastics through field visits at waste management sites up and down the state, from Sun Valley to Northern California. These clinic field trips have been really fascinating and a little smelly. Clinic student Maddie Lincoln describes …
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CONTINUE READINGWe are Drowning in Plastic. Will a New Law Save Us?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
My family recently spent a warm November morning ankle-deep in mucky, brackish water, fishing out used condoms and syringes near Venice Beach. It stands out as one of the best days I’ve had all year. We were volunteering with Ballona Creek Renaissance, a local nonprofit that alongside Friends of the Ballona Wetlands organizes creek cleanups …
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