Regulation
Three 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.
CONTINUE READINGEnvironmental Property Rights (Part III)
An environmental property right (EPR) can be defined as an enforceable interest deriving from an environmental asset such as air quality or an undisturbed forest. EPRs are diverse and varied. Most EPRs are derived from statute rather than the common law, and many are of recent vintage. Some EPRs are marketable; others are not. Fundamentally, …
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CONTINUE READINGFHFA strangles PACE clean energy financing program
Yesterday, the Federal Housing Finance Administration, the agency that regulates bankrupt mortgage insurers Fannie Mae and Freddie Mac, issued a letter effectively destroying the promising energy efficiency and renewable energy financing program called Property Assessed Clean Energy (PACE). I blogged about Fannie and Freddie’s lender letters on the PACE program a few weeks ago. PACE …
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