Legislation Archives - Page 2 of 8

Legislation

Here’s the Most Important Climate Bill of 2024

The Farm Bill proposal being pushed by House Republicans cuts climate programs and boosts factory farms. Congress should listen to the hundreds of chefs who are calling for climate fixes.

Normally, you don’t want too many cooks in the kitchen. It spoils the broth, as the saying goes. But when it comes to debating, amending, and rewriting the U.S. Farm Bill, lawmakers in Congress need all the help they can get. Congress should listen to the hundreds of chefs and food industry pros who are …

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California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Cassandra Vo is a J.D. Candidate at UCLA Law (’25) specializing in environmental law. Hotter, deadlier, and more frequent heat waves have become one of the most surefire signs of a changing climate in our day-to-day lives. California recognized the need for action on this issue in 2022 by bringing to life AB …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Electricity rate design is unavoidably technical. It also has huge implications for equity, climate change, and ensuring a grid that works. Rate design can be used to promote many different goals, from efficiency to bill stability, but it always entails distributive decisions. Rate design determines how we distribute the costs not just of electricity, but …

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U.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 …

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Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

I’ve blogged quite a bit about the challenges of interpreting the NEPA amendments, which snuck through as part of last year’s debt ceiling bill. I haven’t said much about their impact. Given the amount of energy infrastructure we need to build in the near future, a streamlined permitting process would be great. Alas, I don’t …

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New 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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Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

The topic of critical minerals and the energy transition is one of choices and priorities, at least according to author and journalist Ernest Scheyder, who spoke at the second panel in our recent “Powering the Future” symposium. This panel, Critical Minerals and Global Supply Chains, discussed some of the fundamental choices that governments, industry, and …

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States May Be Warming to Green Amendments

At least 10 states, including New Jersey and California, are considering constitutional guarantees to a clean environment and stable climate after Montana’s landmark climate trial.   

Last week, New Jersey lawmakers and a variety of stakeholders crammed into a statehouse committee room for a relatively rare legislative hearing. This 2-hour hearing centered on New Jersey’s proposed green amendment, which committee chair Senator Bob Smith described as “a very controversial topic” as he gaveled in the meeting. This green amendment would add …

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Deciphering NEPA 2.0

Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.

NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …

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The SEC’s Watered-Down Climate Rule

Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.

After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Legislation

The Farm Bill proposal being pushed by House Republicans cuts climate programs and boosts factory farms. Congress should listen to the hundreds of chefs who are calling for climate fixes.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Probably not much. If at all.

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.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

At least 10 states, including New Jersey and California, are considering constitutional guarantees to a clean environment and stable climate after Montana’s landmark climate trial.

Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.

Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Today’s wind and solar resources didn’t come out of nowhere.

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

At least 10 states, including New Jersey and California, are considering constitutional guarantees to a clean environment and stable climate after Montana’s landmark climate trial.   