Regulation

New Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry

Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.

Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten […]

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California Court Finds Public Trust Doctrine Applies to State Groundwater Resources

Court Rejects Claim That SGMA “Displaces” Public Trust’s Application to California Groundwater

The California Court of Appeal for the Third Appellate District has issued an important decision declaring that California’s powerful public trust doctrine applies to at least some of the state’s overtaxed groundwater resources.  The court’s opinion also rejects the argument that California’s Sustainable Groundwater Management Act (SGMA) displaces the public trust doctrine’s applicability to groundwater […]

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Yoga Instructors Bend Coal Industry Out of Shape

Administration’s New Plan Will Do Nothing for Jobs

What could yoga tell us about the Administration’s Orwellian “Affordable Clean Energy” Plan, which my colleagues have eviscerated, and whose name resembles the Holy Roman Empire? Lots, actually: in particular, that it relies upon a false promise of job creation. An important piece last year by Christopher Ingraham of the Washington Post detailed just how small […]

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The Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)

Important pre-construction environmental review for power plant modifications at risk

Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy […]

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The Costs, Benefits, and Health Impacts of EPA’s Proposed Replacement for the Clean Power Plan

EPA’s New Proposed Rule Will Cost Billions of Dollars, Largely in Health Impacts and Avoidable Mortality

As my colleagues Cara Horowitz and Meredith Hankins, and others, including the New York Times, have reported, the Trump EPA today proposed a replacement rule for the Clean Power Plan, which was a plan to transform our electrical grid away from coal (with associated health and climate benefits). The essence of the new proposal is to replace […]

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The Trump Administration Is On An Environmental Losing Streak

Courts Continue to Strike Down Anti-Environmental Actions

While the Trump Administration’s assault on the environment  is alarming, courts are continuing to hand the administration  an impressive string of losses that mean that, at least in the short term, the assault is much less effective than the administration’s claims of deregulating the economy would lead us all to believe.    In just the […]

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When No News Would Be Good News: The Ongoing Trials of Prop 65

California’s Proposition 65 law has been consistently making the news lately — but not for the reasons it should.

This summer, California’s unique-in-the-nation law governing human exposure to toxic chemicals, Proposition 65, has been consistently making Page 1 — but in ways that belie the adage that “all publicity is good publicity.” Most heavily reported, and acutely politically perilous to the law’s supporters, has been a state trial court ruling that coffee must bear […]

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South Carolina Federal Court Blocks Trump EPA Attempt to Suspend Clean Water Rule

G. H. W. Bush Appointee Issues Nationwide Injunction Because Agency Rescinded Prior Rule Without Public Discussion of the Rule’s Merits

Today, Hon. David Norton of the Federal District Court for the District of South Carolina (an appointee of George H. W. Bush) issued a nationwide injunction barring the implementation of the so-called “Suspension Rule” that effectively rescinded the Waters of the United States Rule (also called the WOTUS Rule or the Clean Water Rule) previously issued […]

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Trump Loses Another Big Court Case

Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.

Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that […]

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Does the Clean Air Act Mask One of Our Worst Remaining Air Pollution Problems?

New Article Addresses Hot Spot Pollution and the Clean Air Act

Over the last fifty years, we have made huge progress in cleaning up the nation’s air.  Overall pollution levels have dropped by 70 percent since the 1970s, cars are 99 percent cleaner, and we’ve essentially eliminated lead from the atmosphere. The Clean Air Act is the main reason for this success, saving countless lives and […]

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