Legislation

We Built This City On Urban Form

California’s CEQA reforms will require rethinking how we code our cities

I am one of the relatively few observers who is not convinced that the California Legislature’s recent CEQA reforms are some sort of major transformation. They are a positive step toward building more housing in this state, but the idea that they will unleash housing construction and affordability is a classic case of overpromising – …

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Why is EPA at War with Its Own Employees?

The Drain

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

While many of us prepared to celebrate Independence Day last week, a group of employees from the Environmental Protection Agency were bravely speaking out about what they see as their boss “recklessly undermining the EPA mission” of protecting human health and the environment. In a now-infamous letter sent to EPA Administrator Lee Zeldin, hundreds of …

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A Very Bad House Vehicle Pollution Bill

The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining

It can be hard to keep track amid all the hair-raising developments in Congress and at the Supreme Court, but last week, a group of House Republicans led by Roger Williams of Texas introduced the Fuel Emissions Freedom Act, hot on the heels of the purported (illegal) termination of California’s vehicle emissions standard waiver. This freedom-to-pollute …

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The Emperor’s New Endangerment Theory (Part III)

How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.

There is a very good chance that a court would strike down a EPA’s current finding that carbon emissions from the U.S. power sector are too insignificant to regulate.  EPA’s effort to explain its ultimate conclusion rests on a hodgepodge of poorly analyzed considerations, which obviously have been reverse engineered to lead to EPA’s preferred conclusion. 

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Last Year’s Climate Bond May Not Be What You Thought

While investing in important adaptation and resilience measures, Proposition 4 does less to create new clean energy infrastructure investments

Last year, legislators passed, the governor signed, and California voters approved, a ten billion dollar climate bond (the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, SB 867 (Allen), which appeared on the November ballot as Proposition 4). While the bond act’s full title largely tells the story of …

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The California Legislature Halftime Report

In a year defined by affordability and climate crises, several bills aimed to alleviate pressures on both fronts are advancing in the Legislature.

Thank you for joining me for the California Legislature Halftime Report, it is an exciting time of change with many updates to share. A new Senate President pro Tempore was just selected. I’m pleased to share that it is Senator Monique Limón (District 21), who I am personally pleased about this because she is my …

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Gas Price Politics and Desperate Moderates

The Drain

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

In 18 years of working in newsrooms around Los Angeles, I talked with lots of political campaigns — but a phone call from Antonio Villaraigosa in spring of 2018 stands out. I was at my desk in the cramped newsroom of KCRW, sitting in between All Things Considered host Steve Chiotakis and producer Ben Gottlieb, …

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Is Brazil Ready for COP30? No One Is Ready for COP30

The Drain

The Drain is a weekly roundup of climate and environmental news from Legal Planet.

It’s officially less than 6 months until COP30 — when tens of thousands of people will descend on the Brazilian city of Belém for the annual UN climate conference — and no one is ready. For one thing, Belém is an impoverished city of 2.5 million that can’t build enough hotels for the 50,000 expected delegates …

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No, DOE, You Can’t Roll Back Product Efficiency Standards

Congress wanted greater energy efficiency over time and banned rollbacks.

The Department of Energy is proposing to rescind key energy efficiency requirements.  It is beyond ironic that it is attempting to do so at a time when the President has proclaimed an energy emergency. Trump says the grid is struggling desperately to meet surging power demand.  That’s a strange time to eliminate regulations that are saving energy. DOE’s action is also illegal, because the law in question has a provision prohibiting rollbacks. Congress wanted efficiency standards to get tougher over time and included an anti-rollback provision to make sure of that.

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Brazil Steps Ahead of the U.S. on Climate Policy

Brazil flag

A new emissions trading system is a major step for Brazilian climate policy.

Hopefully, Brazil’s actions will encourage other countries, particularly in South America, to take similar actions.  The EU and California have been leaders in this arena, but carbon trading systems are now beginning to get traction outside of the developed world in China and now Brazil.  That’s an encouraging sign.

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