Regulation
California Air Resources Board releases draft cap-and-trade plan
The California Air Resources Board (CARB) today released the preliminary draft cap-and-trade regulation. CARB staff would like to have comments by January 11th of next year. A new proposal based on the comments will then be issued in Spring 2010. Some quick key points: 1) The proposal limits a covered entity’s use of offsets to …
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CONTINUE READINGA New Beginning for the California Delta?
Early this past Wednesday morning, following an all-night session that would have made any college freshman proud, the California Legislature enacted major legislation designed to address the myriad problems affecting California’s Sacramento-San Joaquin Delta. The package of five bills, SB 7X 1, SB 7X 2, SB 7X 6, SB 7X 7, and SB 7X 8, …
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CONTINUE READINGThe Triumph of the Commons
Elinor Ostrom was awarded the Nobel Prize in Economics today, along with Oliver Williamson here at Berkeley. To understand why her work is relevant to environmental law, you have to first know about the “tragedy of the commons.” Many medieval and early modern villages had a “commons” where all of the peasants were entitled to …
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CONTINUE READINGArnold Schwarzenegger, Climate Hypocrite
Schwarzenegger loves to talk about how concerned he is about climate change. And talk he does — mostly at meaningless press events like the Governors Climate Summit. But when it comes to, you know, actually doing his job, he’s decided that he’d rather side with the wingnuts in his party. A couple of hours ago, …
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CONTINUE READINGAnother Law Professor to Washington
We’ve just received word that Rob Verchick has been appointed the Deputy Associate Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Policy, Economics, and Innovation (OPEI). OEPI is the main policy arm of the EPA, responsible for supervising the rulemaking process and pushing innovative strategies, among other things. He will report to Associate …
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CONTINUE READINGNew EPA Greenhouse Gas Rulemaking Not Quite What it Seems
EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations …
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CONTINUE READINGMountaintop removal review moves to next stage
EPA finished September with a flourish. In addition to proposing New Source Review rules for greenhouse gas emissions and pushing for TSCA reform, the agency took the next step toward a crack-down on mountaintop removal. On September 11, EPA announced preliminary plans to review all 79 pending permit applications. Today, after considering public comment, it …
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CONTINUE READINGJackson Announces Proposed New Stationary Source Rules for Greenhouse Gases
EPA Administrator Lisa Jackson, speaking at the California Governor’s Global Climate Summit, has announced a proposed new Clean Air Act rule requiring new and modified stationary sources to install the best available control technology to control greenhouse gas emissions (GHGs). The text of the proposed new rule can be found here. According to a press release about …
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CONTINUE READINGJackson Comes Out Swinging on TSCA, But Pulls Some Critical Punches
EPA Administrator Lisa Jackson delivered a one-two combination in chemical policy on Tuesday, announcing principles for legislative reform of TSCA while directing the agency to publicize administrative “enhancements” to the existing program. At a speech in San Francisco, the Administrator presented the Obama Administration’s “Essential Principles for Reform of Chemicals Management Legislation,” a set of …
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CONTINUE READINGSmall Steps on Nanosilver
Regulation often develops through accretion rather than bold paradigm shifts, at least in its nascent stages. Nanotechnology appears to be no exception. In mid-September, the agency announced an upcoming meeting of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) focused on the use of nanoscale silver and other nanomaterials in pesticides. …
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