Regulation Archives - Legal Planet

Regulation

Can We Use Regulation to Reduce Inequality?

Contrary to some, I think the answer is yes. And here’s how we can do it.

Inequality is a burning issue in our society but plays only a limited role in the design of regulations. In an article that came out a week ago, I try to work through questions about how economic and racial inequality can be integrated into rule-making. In terms of economic inequality, the current system already has …

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What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

In West Virginia v. EPA, the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion …

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Governor Gavin Newsom announces he will sign landmark climate disclosure bills SB 253 and SB 261!

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

Breaking news! Governor Gavin Newsom just announced on stage at New York Climate Week that he will sign both of the landmark greenhouse gas emissions and climate risk disclosure bills, #SB253 (Wiener) and #SB261 (Stern), the later of which was first proposed and then drafted by our Climate Risk Initiative at the Center for Law, …

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CLEE-Proposed Climate Risk Disclosure Legislation Passes CA Legislature

SB 261 results from CLEE report recommendation

The California Legislature passed two path-breaking climate risk disclosure bills this week. Both bills now go to Governor Gavin Newsom’s desk where he has until October 14th to sign them. Senate Bill 261 (Stern) requires major corporations to disclose climate change related financial risks, using a framework consistent with that of the Task Force on Climate …

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Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …

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Income-Based Electric Bills: Fact and Fiction

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

Under new legislation, California is moving to a novel system that includes income-based fixed charges for electricity. Some critics contend that this is a giveaway to incumbent utilities. It’s not. Others have implied that the charges reflect new costs to ratepayers on top of existing rates. This is also not accurate. There are, however, important …

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Climate Change Got 4 Minutes in the GOP Debate

Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.

The topic of climate change got about 4 minutes of airtime during the first half of the first presidential primary debate held this week by Fox News. That’s actually a pleasant surprise when you think about it: human-caused global warming came up before Donald Trump’s indictments. In case you missed it, the full transcript of …

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Cars, Smog, and EPA

Over the past fifty years, EPA has overseen incredible reductions in auto pollution.

This is part of an occasional series of posts about the evolution of pollution standards. Today’s subject is pollution control for new vehicles, which have been known to cause smog since the 1960s. The history of these pollution standards is quite distinctive. At the high temperatures in internal combustion engines, some of the nitrogen in …

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State Air Regulations Can Go Above and Beyond National Standards

State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met.

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards (NAAQS) set by the U.S. Environmental Protection Agency (EPA) under the federal Clean Air …

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Constraints on Rollbacks

Regulations have some sticking power, even when the White House changes hands.

The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …

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Can We Use Regulation to Reduce Inequality?

Contrary to some, I think the answer is yes. And here’s how we can do it.

An Important Groundwater Bill Lands on the Governor’s Desk

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Overshoot Commission Addresses Geoengineering

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

No, There’s No Scientific Conspiracy About Climate Change

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

A Summer Job, Record Heat, Climate Hope

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Action on Methane

California’s Subnational Initiative

A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Vehicle Regulations on Trial

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

The Overshoot Commission Addresses Geoengineering

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

Regulation

Contrary to some, I think the answer is yes. And here’s how we can do it.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

SB 261 results from CLEE report recommendation

Two pending cases could result in big cuts to agency powers

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.

Over the past fifty years, EPA has overseen incredible reductions in auto pollution.

State and local regulators can and should work to reduce particulate matter, ozone, and NOx emissions even when national standards are met.

Regulations have some sticking power, even when the White House changes hands.

TRENDING

Contrary to some, I think the answer is yes. And here’s how we can do it.

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

California’s Subnational Initiative

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Two pending cases could result in big cuts to agency powers

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative