Regulation

Can the Major Question Doctrine Block Trump’s Excesses?

The doctrine has been hailed by conservatives. But it may come back to bite them.

The major question doctrine tells judges to be skeptical when the government leverage some vague or obscure law to support a dramatic, unprecedented action.  Dramatic, unprecedented actions are Trump’ stock in trade. The major question doctrine just might be what we need to block him.

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CPUC Should Set a Date for Closing Aliso Canyon

A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.

The Aliso Canyon gas storage facility blowout in 2015-16 was the largest methane gas leak in the history of the United States. In addition to the climate effects from the methane leakage — 109,000 metric tons, the equivalent of burning over 1 billion gallons of gasoline — there were tremendous health impacts on neighboring communities …

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President-Elect Trump vs. California: What Lies Ahead?

Credit: Freepik

Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?

Californians who care about the environment likely–and justifiably–feel whipsawed this week.  Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration.  (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …

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California Must Not Abandon its Climate Leadership

Scenes of air pollution and regulated vehicles

California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.

On November 8, the California Air Resources Board, or CARB, is slated to consider approving amendments to California’s Low Carbon Fuel Standard. The program has been so successful in replacing high carbon petroleum-based fuels with lower emissions vehicle fuels that interest groups from all sides of the political spectrum have come forward to demand radical …

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Climate Policy After the 2024 Election

In this UCLA Emmett Institute webinar, panelists discussed the climate implications of the 2024 election from the state, national, and international perspective.

Climate certainty. Legislative action. Whipsaw regulations. An exodus of civil servants. Chinese leadership despite being the world’s largest emitter. Those are a few of the possible outcomes of the Nov. 5 presidential election, according to our panelists.  More than in any previous election, the two major candidates’ track records on environmental policies are well-established and …

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The Contract with America

Or, as some critics called it, “the Contract ON America.”

The Contract with America was the brainchild of Newt Gingrich. It was a turning point in American politics: moving the GOP from compromise to confrontation, nationalizing what had previously been locally oriented House races, and shifting the GOP far to the right. There’s a reason they call Gingrich the man who broke Congress.

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A New Energy Project at UCLA Law

The Emmett Clean Energy Law & Leadership project will build a bridge between the existing expertise of UCLA’s energy law scholars and policymakers.

You don’t have to look beyond the front pages of newspapers, or beyond rooftops in your neighborhood to know that we are in the midst of a clean energy revolution, with renewable energy technologies dramatically decreasing in price and increasing in availability. These technologies promise to reduce energy cost burdens for households, as well as …

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The Zombie Myth of Job-Killing Regulations

Some ideas never die, no matter how much evidence piles up against them.

With the Labor Day weekend coming up, let’s talk about jobs. Some myths are like zombies in two ways.  They refuse to lie down and die, not matter what you do. And if you aren’t careful, they can eat your brain.  An example is the idea that environmental regulation kills jobs. Tragically, this brain worm …

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California Pulls Back On Sustainable Aviation Fuels

Air Resources Board abruptly withdraws proposal to mandate low-carbon jet fuel

California regulators had an opportunity this year to be a global leader on requiring airplanes to use low-carbon jet fuel. But the Air Resources Board announced earlier this month that it will back off from its earlier proposal to require jet fuel providers to decarbonize, through the agency’s landmark low carbon fuel standard program. Why …

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Assessing the First Decade of California’s Sustainable Groundwater Management Act

You’re Invited to “10 Years In: A SGMA Report Card”–A Conference at U.C. Davis Law School on 9/6

A decade ago, California stood out–and not in a good way–as the only Western state without comprehensive state laws monitoring and regulating groundwater pumping and use. But in 2014, following years of severe and protracted California drought, and both agricultural and urban water users compensating for depleted surface water flows by pumping groundwater in unprecedented …

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