Legislation
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
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGWill the NEPA Amendments Speed Up Permitting?
Probably not much. If at all.
I’ve blogged quite a bit about the challenges of interpreting the NEPA amendments, which snuck through as part of last year’s debt ceiling bill. I haven’t said much about their impact. Given the amount of energy infrastructure we need to build in the near future, a streamlined permitting process would be great. Alas, I don’t …
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CONTINUE READINGNew Bill Takes Up Local Oil Drilling Phase-Outs
Oil and gas interests want to weaponize new case law from the California Supreme Court. AB 3233 would clarify the scope of local authority over drilling operations.
When the California Supreme Court ruled last August that Monterey County could not enforce its voter-approved ban on new oil and gas wells, lawyers for Chevron said the company was “pleased” to end the 7 years of litigation. Monterey County is home to the eighth-largest oil field in California, so there was plenty at stake …
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CONTINUE READINGCritical 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.
The topic of critical minerals and the energy transition is one of choices and priorities, at least according to author and journalist Ernest Scheyder, who spoke at the second panel in our recent “Powering the Future” symposium. This panel, Critical Minerals and Global Supply Chains, discussed some of the fundamental choices that governments, industry, and …
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CONTINUE READINGStates May Be Warming to Green Amendments
At least 10 states, including New Jersey and California, are considering constitutional guarantees to a clean environment and stable climate after Montana’s landmark climate trial.
Last week, New Jersey lawmakers and a variety of stakeholders crammed into a statehouse committee room for a relatively rare legislative hearing. This 2-hour hearing centered on New Jersey’s proposed green amendment, which committee chair Senator Bob Smith described as “a very controversial topic” as he gaveled in the meeting. This green amendment would add …
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CONTINUE READINGDeciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …
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CONTINUE READINGThe SEC’s Watered-Down Climate Rule
Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.
After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …
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CONTINUE READINGCalifornia’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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CONTINUE READINGNew Bill Targets Carbon Dioxide Pipeline Leaks
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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CONTINUE READINGI ♥ 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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