Legislation
States Should Not Wait to “Make Polluters Pay”
Guest contributors Laura Fox and Doug Kysar write that now is the right time for more states to adopt climate accountability laws, despite ongoing legal challenges.
As states weigh whether to adopt climate accountability legislation like Vermont’s Climate Superfund Act, some are hesitating out of concern that the Second Circuit’s decision in City of New York v. Chevron Corp., 993 F.3d 81 (2d Cir. 2021), dooms such efforts. That concern is misplaced. In fact, now is precisely the time for states …
Continue reading “States Should Not Wait to “Make Polluters Pay””
CONTINUE READINGGas Utilities Can Do Better on Neighborhood Electrification
The state’s largest gas utilities are trying to delay priority zones for decarbonization and to block public access to important data. The CPUC should push them to do more.
Last fall, I wrote about the promise of SB 1221, a law that created a pathway for the California Public Utilities Commission (CPUC) to approve pilot projects that will support priority “neighborhood decarbonization zones” to transition away from building gas service toward zero-emissions alternatives, including electrification and thermal energy networks. Now, the gas utilities have …
Continue reading “Gas Utilities Can Do Better on Neighborhood Electrification”
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 If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect?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 READINGWe 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 – …
Continue reading “We Built This City On Urban Form”
CONTINUE READINGWhy is EPA at War with Its Own Employees?
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 …
Continue reading “Why is EPA at War with Its Own Employees?”
CONTINUE READINGA 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 …
Continue reading “A Very Bad House Vehicle Pollution Bill”
CONTINUE READINGThe 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.
CONTINUE READINGLast 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 …
Continue reading “Last Year’s Climate Bond May Not Be What You Thought”
CONTINUE READINGThe 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 …
Continue reading “The California Legislature Halftime Report”
CONTINUE READINGGas Price Politics and Desperate Moderates
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, …
Continue reading “Gas Price Politics and Desperate Moderates”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
