Regulation

Guest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are

Facts About California’s Oil and Greenhouse Gas Emissions

Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, […]

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Do Androids Dream of Endangered Sheep?

Imagine there were self-aware AIs. Would they care about the environment?

With the election behind us, I thought it might be a good time to take a step back and do some musing about less impending issues. Unlike most of my posts, this one is more on the speculative side. The title of this post is a riff on Do Androids Dream of Electric Sheep?, a novel by […]

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Major Policy Attacks on California’s Low Carbon Fuel Standard and Why They’re Off-Target

Second in a Series About California’s Low Carbon Fuel Standard Program

[Post co-authored by Ted Parson and Sean Hecht] In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. Because it’s a prominent and ambitious policy that will reduce California’s reliance on petroleum-based transport fuels, it is unsurprising the Low-Carbon Fuel Standard has […]

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A Global Standard for a Global Problem

Emmett Institute Submits Comment in Support of CARB’s Proposed Tropical Forest Standard

The Emmett Institute submitted a comment to the California Air Resources Board (CARB) yesterday in support of its proposed Tropical Forest Standard (“Standard”).  If approved, this Standard would provide CARB a set of criteria to follow when determining whether to trade tropical forest offsets between California’s Cap and Trade Program and a foreign emissions trading […]

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Politics, the Environment, and the Rural/Urban Divide

Rural areas have been home to regulatory skeptics. But there may be ways of changing that.

Is there an urban/rural split in America? Definitely so, in politics, demography, and economics — and on the environment. Consider this, from Dan Balz at the Washington Post: “in the 2,332 counties that make up small-town and rural America, [Trump] swamped his Democratic rival, winning 60 percent of the vote to Clinton’s 34 percent.” But Balz reports […]

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Let’s Make A Deal

What Should Environmentalists Give Up – and Demand – For A Carbon Tax?

A nice editorial from the Los Angeles Times about the proposed carbon tax being offered by some Republicans under the front group Americans for Carbon Dividends, most notably former Secretaries of State James Baker and George Shultz. Exxon-Mobil is even throwing $1 million into the effort — chump change for such a corporate behemoth. The Times […]

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Comments on proposed ESA rule changes

Law professors submit detailed comments on proposed changes to regulations that implement the Endangered Species Act

I’ve posted earlier about proposals by the Trump Administration to make significant changes to the regulations implementing the Endangered Species Act, some of the most substantial revisions to those regulations since they were overhauled in the early 1980s.  A group of environmental law professors (including me) submitted comments on those proposed rules last month, with […]

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The Wild & Scenic Rivers Act Turns 50

Celebrating a Half Century of Protecting America’s Rivers–& Hoping for More River Conservation Ahead

1968 was an especially tumultuous year in modern American history.  The nation endured the assassinations of both Martin Luther King, Jr. and Robert F. Kennedy; then-President Lyndon Johnson announced he would not seek reelection due to growing public dissatisfaction with the government’s conduct of the Vietnam War; and protests and riots consumed Chicago, Detroit, Washington, […]

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Progressive Regulatory Reform

Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?

Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine.  That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is […]

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California Raises Its Ambition for a Low-Carbon Fuel Future

First in a Series About California’s Low Carbon Fuel Standard Program

[Post co-authored by Sean Hecht and Ted Parson] California’s Air Resources Board (CARB) has just enacted new regulations that strengthen the state’s Low Carbon Fuel Standard (LCFS). The LCFS is a major component of California’s greenhouse-gas control strategy, but receives surprisingly little attention, compared to other policies like the statewide cap-and-trade system and the renewable […]

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