Legislation
More Unforced Errors in the 2023 NEPA Amendments
Bluntly speaking, the statute is a mess.
When the 2023 amendments to NEPA passed as part of the debt ceiling bill, I wrote a series of blog posts about the drafting errors. It turns out that I missed some, as I discovered when working on the new edition of my environmental law casebook. They really aren’t all that subtle, and it’s hard …
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CONTINUE READINGThe Statutory EIS Process: A Primer
Last year, Congress tried to codify NEPA law. Here’s how the process is supposed to work.
Because NEPA’s discussion of environmental impact statements (EIS) was very brief, the requirements and procedures were elaborated by courts and guidance from a White House office. That changed in 2023, because much of the subject is now covered explicitly by new statutory language.. Thus, NEPA is a bit less of a “common law” subject than …
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CONTINUE READING7 Reasons California Should Get Tougher on Methane from Dairies
California lawmakers should rethink the role of dairy digesters in the state’s dairy and livestock mitigation strategy.
Even though California aims to decrease the emissions of methane, dairy operations are rewarded for creating, and capturing, more and more of the planet-warming super pollutant in the form of manure-derived biogas. Today, California lawmakers declined to correct that perverse incentive, but they still have opportunities to rethink the state’s embrace of digesters as its …
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CONTINUE READINGThe Year Ahead in California Climate Laws
Facing a $37.9 billion deficit, California’s 2024 legislative session is likely to be about minor fixes, cleanup bills, and the ballot box. Plus: Will 2023’s disclosure bills get funded?
Though I do not have a crystal ball — wish I did! — there are some clear markers we can evaluate to foresee environmental priorities, and possibilities, as we start another exciting year in the California Legislature. The California Legislature kicked off the 2024 session on January 3 with notable changes in leadership. Robert Rivas, who …
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CONTINUE READINGThe Bumper Crop of New State Climate Policies Since July.
State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.
State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …
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CONTINUE READINGHow Will Americans Learn to Love the Inflation Reduction Act?
Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?
Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. …
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CONTINUE READINGOne More Key Groundwater Bill Just Became Law
Gov. Newsom signs AB 779, which addresses inequities in California’s complicated groundwater adjudication process.
Earlier this week the San Francisco Chronicle declared that California’s legislative session would close with just a single bill addressing injustices in the state’s water rights system. Now you can add one more to the list. Gov. Newsom signed Assembly Bill 779 into law this week. It’s an important step to reforming the state’s murky—often …
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CONTINUE READINGCalifornia Enacts Major Water Law Reform Legislation–But More Changes Are Needed
New law explicitly authorizes State Water Board to require water users to verify their water rights
The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389, an important water law reform measure authored by State Senator Ben Allen. California has one of the most antiquated and outdated water rights systems of any Western state. To put it bluntly, California currently faces a 21st century water supply …
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CONTINUE READINGCalifornia Passes Landmark Corporate Climate Transparency Bills
SB 253 and SB 261 would be first-in-the-nation laws meant to pull back the curtain on emissions and climate risks.
After a hard-fought battle, the California Legislature passed the second of two nation-leading corporate climate accountability bills yesterday afternoon. The bills, SB 253 and SB 261, are important transparency measures that would, for the first time, allow Californians to meaningfully assess the carbon footprint of thousands of companies—and what those companies plan to do about …
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CONTINUE READINGCLEE-Proposed Climate Risk Disclosure Legislation Passes CA Legislature
SB 261 results from CLEE report recommendation
The California Legislature passed two path-breaking climate risk disclosure bills this week. Both bills now go to Governor Gavin Newsom’s desk where he has until October 14th to sign them. Senate Bill 261 (Stern) requires major corporations to disclose climate change related financial risks, using a framework consistent with that of the Task Force on Climate …
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