Regulation
Agency Preemption of State Law
Administrative agencies sometimes issue regulations that have the effect of overruling state law — and sometimes that is the sole effect of the regulation. This proved quite controversial during the Bush Administration, which used agency rulemaking efforts to cut back on state tort law. The ABA has a adopted a new resolution dealing with this …
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CONTINUE READINGJudge orders changes in ballot language for Proposition 23, which would suspend California’s greenhouse gas emissions law
Today, a judge ruled that the state must change the “title and summary” ballot language for Proposition 23, the oil-company-funded proposition that would suspend California’s landmark greenhouse gas emissions law AB 32. (My colleague Ann Carlson wrote about this initiative campaign earlier this summer.) Proposition 23 would render the law unenforceable until California’s unemployment rate …
CONTINUE READINGThree New Perspectives on Environmental Issues
Three recent books provide fresh and interesting perspectives on environmental law. The authors all graduated from law school in the past twenty years, and they all have most of their careers ahead of them. All of this augurs well for the future of environmental scholarship. The first book is Doug Kysar’s Regulating from Nowhere. Kysar …
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CONTINUE READINGPACE Advocates Keep Piling On FHFA
The hits keep coming. As I’ve been chronicling, the Federal Housing Finance Administration’s decision to effectively destroy the energy efficiency and renewable energy financing program called Property Assessed Clean Energy (PACE) is inviting serious legal and political blowback. First, California Attorney General Jerry Brown sues the feds, and now Sonoma County, the Sierra Club, and …
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CONTINUE READINGEnergy storage is key to the success of renewables in California
UPDATE: The bill summary linked below from the California Energy Storage Alliance actually summarizes a former version of the bill. The current bill version, linked below and here, is the best source now. The current version imposes no percentage mandate on utilities. Thanks to Ethan Elkind for pointing that out. UCLA Law and Berkeley Law recently …
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CONTINUE READINGUsing Disclosure as a Smokescreen: How Behavioral Economics Can Deflect Regulation
A key figure in behavioral economics recently issued a warning about over-reliance on its findings. In a NY Times op. ed, Dr. George Lowenstein raised questions about some uses of behavioral economics by government policymakers: As policymakers use it to devise programs, it’s becoming clear that behavioral economics is being asked to solve problems it …
CONTINUE READINGHow To Increase Deployment of Energy Storage To Reduce Greenhouse Gas Emissions
The white papers keep coming. Today, UC Berkeley and UCLA Schools of Law released a new report, “The Power of Energy Storage: How to Increase Deployment in California to Reduce Greenhouse Gas Emissions,” to examine policies that California and federal leaders can implement to increase the state’s energy storage capacity. As California seeks to expand …
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CONTINUE READINGGOP Will Filibuster the PACE Bill, Unless…
A prediction: the Republicans will filibuster Mike Thompson’s bill concerning PACE once it gets to the Senate. At this point, the Republicans (led by Senator Mitch McConnell, pictured right) are simply uninterested in principles or policy. That’s particular true in the shadow of the upcoming midterms: stopping the bill will simply be another way to …
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CONTINUE READINGBreaking News: Jerry Brown Sues FHFA and Fannie & Freddie over PACE
As I suspected, we’ve got a lawsuit over the Federal Housing Finance Administration (FHFA) and Fannie Mae and Freddie Mac’s position on Property Assessed Clean Energy (PACE). (Background on PACE and the controversy here.) California Attorney General Jerry Brown announced today that his agency is suing these entities in federal court over their unwillingness to …
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CONTINUE READINGEnvironmental Property Rights (Part IV)
Environmental property rights, such as tradable permits, conservation trusts, and the public trust doctrine, can change the constitutional landscape of environmental law.
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