Legislation

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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On the Perils of Hasty Drafting

An image of the U.S. Capitol Building in the evening.

The Debt Ceiling Bill was written under intense time pressure. It shows!

Someone asked me how the new bill defines what kinds of projects have enough federal involvement to require an environmental assessment.  I thought I knew the answer. But when I looked carefully at the bill’s language, I realized that it actually can’t mean what I thought it did. In fact, it’s so badly written that …

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NEPA and the Debt Deal

Will the permitting sections of the debt ceiling bill undermine environmental reviews?

Prior to the release of the text of the debt ceiling bill Sunday night, press reports had mentioned only a couple of provisions relating to environmental impact statements. It turns out there’s a lot more. The bill would make numerous changes in the statute governing impact statements, the National Environmental Policy Act of 1969 (NEPA). …

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“Fully Protected” No More?

Newsom’s infrastructure package makes a big change for California species protection

Last week, the Newsom administration announced a budget trailer bill package it said was designed to facilitate the deployment of historic federal infrastructure funding for climate-friendly projects. The package consists of 11 separate trailer bills, dealing with a variety of topics ranging from the California Environmental Quality Act (CEQA) to state contracting rules. Unsurprisingly, the …

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Environmental Law Again Front-and-Center at California Supreme Court

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law.  That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …

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New York Adopts Cap and Trade

Yes, the new NY law includes some bans on natural gas. That’s far from all it does.

Last week, New York Gov. Kathy Hochul signed major climate legislation. Press coverage focused on one small piece of the legislation: a partial ban on natural gas use in new buildings.  That’s controversial and easily grasped by the public. But a much bigger part of the new law went almost unnoticed: the legislature’s endorsement of …

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Job-Killing Rollbacks

An image of the U.S. Capitol Building in the evening.

The GOP debt ceiling bill is a dagger aimed at the American economy. (Not to mention the planet)

The debt ceiling bill passed by House Republicans would eliminate tax credits for new emissions credits for nuclear energy, renewable energy manufacturing, domestic sourcing of electric vehicle components, hydrogen production and extensions of the wind and solar production credits.  It was a remarkable smackdown of American industry and, if enacted, a big win for foreign …

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The Debt Ceiling and the Environment

An image of the U.S. Capitol Building in the evening.

GOP demands would devastate environmental protection

Kevin McCarthy  sketched the outlines of his opening demand to raise the debt limit last week, and the bill has now been released.  If adopted, it would have a devastating impact on environmental protection and climate action.  One impact would be budgetary – repealing much of the Inflation Reduction Act while kneecapping EPA’s ability to …

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Why the Inflation Reduction Act Can’t Be Repealed

Peeps

Republicans are trying to undermine the IRA, but there are at least 370 billion reasons why the landmark climate law will not be rolled back by a future Congress or administration.

There’s a ton of questions about the future efficacy of the Inflation Reduction Act. But whether the law will be reversed before it can get going is not one of those questions. That’s the most basic takeaway from the April 12 policy symposium convened by the UCLA Emmett Institute about the new federal laws to …

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How Can We Build Transmission Infrastructure Responsibly?

Flyer for the second panel of the Emmett Institute 2023 Symposium, titled "Transmission Case Study: Remaking our Power Grid for Renewable Energy", featuring panelists Jennifer Chen of WRI, Karen Douglas of CPUC, and Jeremy Hargreaves of Evolved Energy Research, and moderator William Boyd of UCLA

The IIJA and IRA offer a chance to speed up electricity-transmission development, but can it be done fairly?

This is the second of a series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, and the third post, on transportation infrastructure; and RSVP for the Symposium here! The clean-energy transition that is one …

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