Legislation

New Legislation Starts Process of Strengthening Protections for Outdoor Workers

AB 2243’s provisions prompt Cal/OSHA to look at heat and air quality regulations in light of increasing temperatures and poor air quality

Thank you to Jasmine Robinson, Advanced California Environmental Legislation and Policy Advocacy Clinic student, for her research support. Last month, AB 2243 (E. Garcia & L. Rivas, 2022) was chaptered, requiring the California Division of Occupational Health and Safety (Cal/OSHA) to consider adopting rules requiring (1) employers to distribute copies of heat-related illness prevention plans …

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Extreme Heat: A Hot Issue in Sacramento

Looking back on the 2021-2022 session, California Legislators made progress on extreme heat, but gaps remain

This post is co-authored by Jasmine Robinson, Advanced Clinic Student, UCLA California Environmental Legislation and Policy Clinic In the midst of a record-breaking heat wave, the California State Legislature wrapped up a legislative session that considered numerous bills on heat mitigation, adaptation, and resiliency. There were some big wins, including a bill to create the …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.