Legislation

California’s Climate Leadership: A Timeline

California embraced climate action 2002 and has never looked back since.

The Golden State has adopted a slew of climate change laws over the past twenty years, and an even greater number of regulations .  To help you keep track, here is a timeline of California’s most important actions. 2002    SB1078. California established first renewable portfolio standard (20% from renewables by 2010). AB 1493 (Pavley …

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New Bill Targets Carbon Dioxide Pipeline Leaks

A sign warning of a CO2 pipeline.

Legislation introduced by Assemblymember Arambula, with research help from UCLA students, aims to protect Californians from the dangers of transporting captured carbon dioxide.

Guest contributor Jennifer Imm is a J.D. Candidate at UCLA Law (2L) Last week, Assemblymember Dr. Joaquin Arambula introduced AB 2623, a bill designed to guard California communities against the dangers of transporting carbon dioxide in pipelines. These risks aren’t hypothetical: A leak from a carbon dioxide pipeline already caused serious health harms in Satartia, …

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I ♥ IRA

Yes, the IRA has flaws. But it was a really unexpected breakthrough for US climate policy.

Call me eccentric, but this is my Valentine to a federal statute, the Inflation Reduction Act, better known as the IRA. No one really expected IRA to pass. A version of the Green New Deal had passed the House. But the Democrats had only a one-vote margin in the Senate, and that one vote was …

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More Unforced Errors in the 2023 NEPA Amendments

Bluntly speaking, the statute is a mess.

When the 2023 amendments to NEPA passed as part of the debt ceiling bill, I wrote a series of blog posts about the drafting errors. It turns out that I missed some, as I discovered when working on the new edition of my environmental law casebook.  They really aren’t all that subtle, and it’s hard …

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The Statutory EIS Process: A Primer

Last year, Congress tried to codify NEPA law. Here’s how the process is supposed to work.  

Because NEPA’s discussion of environmental impact statements (EIS) was very brief, the requirements and procedures were elaborated by courts and  guidance from a White House office. That changed in 2023, because  much of the subject is now covered explicitly by new statutory language.. Thus, NEPA is a bit less of a “common law” subject than …

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7 Reasons California Should Get Tougher on Methane from Dairies

A dairy cow

California lawmakers should rethink the role of dairy digesters in the state’s dairy and livestock mitigation strategy.

Even though California aims to decrease the emissions of methane, dairy operations are rewarded for creating, and capturing, more and more of the planet-warming super pollutant in the form of manure-derived biogas. Today, California lawmakers declined to correct that perverse incentive, but they still have opportunities to rethink the state’s embrace of digesters as its …

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The Year Ahead in California Climate Laws

Facing a $37.9 billion deficit, California’s 2024 legislative session is likely to be about minor fixes, cleanup bills, and the ballot box. Plus: Will 2023’s disclosure bills get funded?

  Though I do not have a crystal ball — wish I did! — there are some clear markers we can evaluate to foresee environmental priorities, and possibilities, as we start another exciting year in the California Legislature.   The California Legislature kicked off the 2024 session on January 3 with notable changes in leadership. Robert Rivas, who …

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The Bumper Crop of New State Climate Policies Since July.

State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …

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How Will Americans Learn to Love the Inflation Reduction Act?

Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?

Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. …

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One More Key Groundwater Bill Just Became Law

sprinklers going off

Gov. Newsom signs AB 779, which addresses inequities in California’s complicated groundwater adjudication process.

Earlier this week the San Francisco Chronicle declared that California’s legislative session would close with just a single bill addressing injustices in the state’s water rights system. Now you can add one more to the list. Gov. Newsom signed Assembly Bill 779 into law this week. It’s an important step to reforming the state’s murky—often …

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