Legislation

CEQA, California’s Housing Crisis & the Little Hoover Commission

State Watchdog Agency’s Scheduled CEQA Hearings Could Prompt Major Changes to California’s Most Important Environmental Law

Beginning today, California’s “Little Hoover Commission” will convene a series of three public hearings to consider how well–or poorly–the state’s California Environmental Quality Act (CEQA) is currently working.  A special focus of the Commission’s deliberations will be whether and to what extent California’s most important and overarching environmental law is impeding efforts by the Legislature …

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Oil’s Fate is in CA Voters’ Hands

A measure backed by the oil industry to overturn an oil and gas ban will appear on the ballot in 2024. There are lessons from the plastic bag ban referendum.

The impacts of oil and gas production on the environment and communities, particularly low-income communities of color, are well-documented. The health effects associated with living near oil and gas wells include asthma, nose bleeds, headaches, birth defects, cancer, and premature death. Oil and gas operations also pollute the air and water and contribute to climate …

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CEQA and UC Berkeley Housing: Don’t Panic

The decision blocking student housing hardly represents new NIMBY weaponization.

  Lots of screaming and yelling about last week’s Court of Appeal CEQA decision concerning student housing at UC Berkeley. The Court struck down the university’s plan for more student housing on the grounds that the final Environmental Impact Report did not adequately assess noise impacts from students. “The campus is dismayed by this unprecedented …

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Good News from the Land of 10,000 Lakes

Earlier this month, Minnesota adopted a bold new clean energy plan.

The headline news is that Minnesota has adopted a 2040 deadline for a carbon-free grid.   The headline is accurate, but the law in question contains a lot of other interesting features that deserve attention. Despite the law’s extremely unglamorous name (“Senate File 4”), this is a big step forward for the state, as well as …

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When Bad Things Happen to Good Regulations

When Bad Things Happen to Good Regulations - Legal Planet

The GOP’s effort cancel a pension reg illustrates the evils of the Congressional Review Act.

In their crusade against “wokeness,” congressional Republicans are taking aim at Labor Department rule about pension plan investments. The rule’s transgression is apparently that it makes easier for pension plans to consider how climate-related risks might affect a company’s bottom line. To avoid being woke, the GOP would apparently prefer pension managers to close their …

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Biden’s silent climate victory lap

The president talks up his climate laws without saying “climate.” Can the U.S. meet its climate goals without telling voters about them? 

Well, we finally got a real “Infrastructure Week.” President Biden has been traveling from Baltimore to New York to Kentucky, touting his major legislative achievements in front of trains, tunnels and bridges. He’s talking up both the Infrastructure Investment and Jobs Act (IIJA) and the Inflation Reduction Act (IRA) as a warm-up for his State …

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What Would King Do?

California “YIGBY” Bill Could Empower Churches To Add Affordable Housing

As Martin Luther King day ends here on the west coast, the role of churches and religious institutions looms large. King’s activism arose out of his spiritual commitment. And in California, it looms large in a surprising way concerning the built environment. Land use is (in)famous for its acronyms: NIMBY, BANANA (Build Absolutely Nothing Anywhere …

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Single Subject = Single Stupidity

New House Rule Designed To Cause Dysfunction

The House Rules package passed last night is potentially a disaster: it seems specifically created to make it impossible for the federal government to pay its debts, although there are (second-best) ways around it that President Biden will undoubtedly use. One provision, though, seems common-sensical: each bill must have a “single subject.” No more massive …

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A Taste of Things to Come

Welcome to 2023. It’s going to be a wild ride.

In the past week, we’ve gotten a glimpse of what the next two years will look like. On the one hand, chaos in Congress. On the other hand, quiet progress toward environmental goals by the Biden Administration.  Both trends are likely to continue throughout this Congress and the second half of the presidential term. The …

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Advances in State Climate Policy

Despite the distractions of a national election, there were important developments around the country.

Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the Feds in climate policy. There were important developments in a multitude of states. California remained a hotspot for climate action. In terms of transportation emissions, the California Air Resources Board (CARB) approved …

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