Regulation

Water Rights Administration and Oversight During Past California Droughts

Part 2 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

In the first post in this series, I talked about why it’s important for the state of California to spend time preparing for future droughts even in wet years like this one.  This post examines some of the lessons from past droughts that can inform these preparations. Past droughts have stress-tested California’s water management institutions, […]

Continue Reading

Roy Cohn Meets The Takings Clause

Sleeper Supreme Court Case Could Upend Environmental Regulations

“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to […]

Continue Reading

A Legislative Response to California’s Housing Emergency: Senator Skinner’s SB 330

How to Make a Good Bill Even Better

(This post is co-authored by U.C. Davis Law School Professor Chris Elmendorf)  Last week, as President Trump harrumphed about the faux emergency on our nation’s Southern border, California State Senator Nancy Skinner introduced a potentially transformative bill that addresses California’s real emergency: the ever-escalating cost of housing in the state’s economically productive metropolitan regions. As […]

Continue Reading

Bottoms-Up! An Emerging New Governance System (3)

Bottom-up strategies can ultimately pave the road for stronger international agreement.

It is difficult to measure the extent of positive feedback between climate initiatives. But it seems evident that such feedback does exist. A major climate initiative in one jurisdiction seems to encourage climate action elsewhere. This makes climate action a more appealing prospect for any individual jurisdiction, because by acting it can increase climate actions […]

Continue Reading

Is the Green New Deal’s Ambition Smart Policy?

Some Lessons from Environmental History

At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy  — is a major conundrum.  Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically.  Stanford Professor Marc Z. Jacobsen, for […]

Continue Reading

Emmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority

Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein

Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]

Continue Reading

Bottoms-Up! An Emerging New Governance System (2)

Bottom-up appraches aren’t just fallbacks when top-down fails. They have their own strengths.

  There are some obvious advantages to top-down climate police, whereby a uniform global climate policy is adopted at the global level and then seamlessly implemented by nations, or whereby a similar process takes place at the national level.  Of course, this top-down model requires first global agreement on a uniform policy and then effective […]

Continue Reading

Bottoms-Up! An Emerging New Governance System (1)

In the past twenty years, climate policy has taken an unexpected form. Here’s what to expect.

There’s been a major change in the way environmental governance works, which is most obvious in terms of climate policy. We initially expected climate policy to be set at the international level, followed by incorporation into national legislation, and implementation by agencies and lower levels of government like states.  But this top-down governance scheme isn’t […]

Continue Reading

Flipping the Conservative Agenda

Thought experiment: take everything conservative want to do and then do the opposite.

Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas.  In other words, let’s try to come up with similar […]

Continue Reading