Legislation Archives - Page 3 of 6

Legislation

Will More States Add Green Amendments to Their Constitution?

UCLA’s Mary Nichols weighs in on the groundbreaking youth climate decision in Montana and the “drumbeat of litigation” that could follow.

Eight simple words helped youth plaintiffs in Montana win their landmark climate lawsuit against the state: “the right to a clean and healthful environment.” The 103-page decision by a state court judge wades through loads of testimony and evidence, but it all comes back to that simple constitutional guarantee. A handful of other states have …

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How to Address Sea Level Risks in California Real Estate Transactions

A new UCLA report recommends policies to improve California’s real estate hazard disclosure laws to inform potential buyers of serious sea level rise risks.

It’s an increasingly common sight on California’s coast: beach houses being swallowed by the rising sea. The threat of flooding and erosion is increasing throughout the United States as a warming atmosphere makes precipitation events more extreme and contributes to sea level rise. In fact, the U.S. coastline is projected to see an average of …

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Is the Inflation Reduction Act Working?

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding.

Happy birthday to the Inflation Reduction Act. It’s been nearly a year since Democratic lawmakers and the White House celebrated the passage of the biggest climate spending legislation in American history. But in many ways passage was the easy part. Exactly how the IRA continues to be implemented at the local, state, and federal level …

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California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court’s ruling was predictable, …

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NEPA 2.0 and Transmission Projects

Will the new NEPA provisions speed approval of urgently needed projects?

In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …

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Having the Fox Guard the Henhouse?

Delegating Environmental Reviews to Project Sponsors

One of the most important provisions, of the new NEPA law, § 107(f), allows the lead agency to delegate preparation of environmental reviews to project applicants. There are unsettled questions about when this provision applies and how it interfaces with other parts of NEPA. There are clear conflicts of interest in assigning this role to …

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CEQ and Permitting Reform

The enactment of NEPA 2.0 presents a golden opportunity for the agency.

In the recent debt ceiling law, Congress extensively revamped NEPA, the law governing environmental impact statements. An obscure White House agency, the Council on Environmental Quality (CEQ), will have the first opportunity to shape the interpretation of the new language. Much of the language in the new law is poorly drafted or vague, making CEQ’s …

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The Drafting Puzzles of NEPA 2.0

In an effort to streamline NEPA, Congress may only have made parts of it incomprehensible.

Shortly after Biden signed the new NEPA rewrite as part of the debt ceiling law, I wrote a blog post about a major drafting glitch at the heart of the new provisions. Today, I’d like to follow up with more examples. This poor drafting could really hobble implementation of the new provisions. We live in …

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The Forthcoming Interpretation Wars

The new NEPA amendments weren’t intended to speed up the process. But they’ll also spark new litigation.

The Interior Department has a rule that environmental review isn’t required for a prescribed fire of 4,500 acres, subject to restrictions that aren’t relevant here. Prior law authorized this kind of regulation but also required the agency to consider whether a particular fire involved exceptional circumstances, such as being next to a wilderness area. After …

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The New NEPA: A User’s Guide

The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.

The National Environmental Policy Act (NEPA) was passed over fifty years. It created a new tool for environmental protection, the environmental impact statements, It also created the White House Council on Environmental Quality (CEQ), which issued guidelines of implementing NEPA in 1978. Lawyers will need to retool quickly because of recent changes. Here’s a roadmap …

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Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

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

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

Critical Insights on the Mineral Boom

In the race for critical minerals, the challenges, tradeoffs, and potential winners are becoming clear. Insights from the Emmett Institute’s “Powering the Future” symposium.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

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.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Legislation

UCLA’s Mary Nichols weighs in on the groundbreaking youth climate decision in Montana and the “drumbeat of litigation” that could follow.

A new UCLA report recommends policies to improve California’s real estate hazard disclosure laws to inform potential buyers of serious sea level rise risks.

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding.

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Will the new NEPA provisions speed approval of urgently needed projects?

Delegating Environmental Reviews to Project Sponsors

The enactment of NEPA 2.0 presents a golden opportunity for the agency.

In an effort to streamline NEPA, Congress may only have made parts of it incomprehensible.

The new NEPA amendments weren’t intended to speed up the process. But they’ll also spark new litigation.

The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.

TRENDING

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

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

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

In the race for critical minerals, the challenges, tradeoffs, and potential winners are becoming clear. Insights from the Emmett Institute’s “Powering the Future” symposium.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

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

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.