Legislation
35 Major Climate Initiatives Under Biden
By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.
In light of President Biden’s withdrawal from the 2024 presidential race yesterday, we thought it was appropriate to update this piece about the climate legacy of the Biden-Harris Administration. In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has …
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CONTINUE READINGIs 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.
There’s a big, important tax debate looming next year—one with opportunities and risks for climate policy, particularly the idea of a carbon tax. It can be hard to see this debate thanks to the daily churn of the 2024 presidential election, but it’s there on the horizon if you squint. For one thing, we’ll likely …
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CONTINUE READINGUnderstanding Loper: The Grandfather Clause
Hundreds of past federal cases relied on Chevron. They remain good law.
To cushion the shock of abandoning Chevron, the Supreme Court created a safe harbor for past judicial decisions. This was well-advised. The Court itself applied Chevron at least seventy times, as did thousands of lower court decisions. The key question will be the scope of the grandfather clause. The Court’s discussion began by saying that …
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CONTINUE READINGUnderstanding 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 …
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