Legislation
Understanding Loper: The Primacy of Skidmore
A previously obscure 1944 case will now be central to judicial review.
Some commentators have tended to write off Skidmore and assume that judges will ignore agency views after Loper Bright. That is a misreading of the Court’s opinions in Loper and in Skidmore itself.
CONTINUE READING$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.
After much anticipation and deliberation, the California legislature approved a $10 billion climate bond measure just before the summer recess began on July 3, 2024. California voters will now have the opportunity to approve or reject the bond measure on the November ballot. The bond measure will now be referred to as Proposition 4 on …
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CONTINUE READINGUnderstanding Loper: Delegation & Discretion
Something similar to Chevron deference may still apply to many (most?) regulations.
The Supreme Court took away Chevron deference, but it also recognized that Congress can give agencies the power to clarify statutes and fill in gaps.
CONTINUE READINGCalifornia 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
Many regulatory clearances like permits aim to guard against projects that pose harm to the environment. However, permitting can also undercut environmental restoration efforts. While restoration is designed to remedy environmental harms and improve resilience to climate change, permitting can substantially increase project costs and slow or altogether impede environmentally beneficial projects. Striking an effective …
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CONTINUE READINGJudicial Review After Loper Bright
We used to have the Chevron test? What test do we have now?
Loper Bright has created a new two-part test for courts to apply when an agency has interpreted a statute. It’s not the same as Chevron, but it does have some family resemblance.
CONTINUE READINGThe Ten Most Important U.S. Environmental Laws
Some of the choices may surprise you.
What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.
CONTINUE READINGThe “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data
California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data
Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought. One post focused on the federal government’s successful criminal prosecution of a San Joaquin Valley water district manager …
CONTINUE READINGHalftime Report: Environmental Bills Moving Forward
The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.
Legislators reached the first deadline of the 2023-2024 legislative season last week—passage of bills out of their house of origin. As the name implies, this refers to Assembly bills working their way through the Assembly, and Senate bills moving through the Senate, culminating with floor votes which concluded last Friday, May 24th. This period is …
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CONTINUE READINGHere’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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CONTINUE READINGCalifornia 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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