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More Free On-Line Courses

These classes are very popular with Berkeley students. They’ve had thousands of downloads already. Law 270.7 – Renewable Energy & Alternative Fuels – Steve Weissman (Fall 2008): http://www.youtube.com/view_play_list?p=214AD3BA0B8D3FBA Law 270.6 – Energy Regulations and the Environment – Steve Weissman (Spring 2008): http://www.youtube.com/view_play_list?p=8256AD22B9C1CE53 Law 271 – Environmental Law and Policy – Holly Doremus (Spring 2008): http://www.youtube.com/view_play_list?p=4A26CE52D23C831D

California Adopts Low-Carbon Fuel Standard

Good. The California Air Resources Board has adopted the nation’s first mandate to lower the carbon in fuel. As these things go, it’s pretty mild: a 10% reduction in carbon footprint by 2020. That hasn’t stopped the oil industry from complaining, of course, stating that CARB is “moving too fast.” When will it not be …

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Cars, Obama and Climate Change

There’s big news coming out of Washington and Detroit this week about the fate of U.S. automakers. Rumors surfaced yesterday that G.M. will furlough its U.S. factories for most of the summer due to declines in auto sales. And the Obama Treasury Department is said to be pressuring Chrysler to prepare for bankruptcy, to be filed as …

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Flexing Obama’s administrative muscle (& a victory on home furnaces)

Just after the election, the environmental group Earthjustice published a list of six easy things the Obama administration could do to help the environment. On the list was the suggestion that Obama back off from defending Bush-era failures to ramp up the efficiency of home furnaces–a topic that sounds narrow but has remarkable implications for saving …

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Nanopolicy Bumps in California

California continues to lead the way nationally on nanotechnology regulation, despite some bumps along the way. Most recently, the Department of Toxic Substances Control issued a request for information regarding analytical test methods, fate and transport in the environment, and other relevant information from manufacturers of reactive nanometal oxides. Substances covered include aluminum oxide, silicon …

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Climate Change and Environmental Impact Statements

Government agencies are struggling with how to fit climate change into the process of environmental review. At one level, this is a no-brainer. Greenhouse gases contribute to climate change, and climate change is the biggest environmental impact of all. But as always, the devil is in the details.

Oh What A Difference A President Makes

We’re not even 85 days into the Obama Administration and yet the signs of environmental change are all around us. The EPA announced today its formal determination under the Clean Air Act that greenhouse gases are pollutants that endanger public health and welfare. This is only the latest in a string of announcements that show just how quickly Obama is …

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Low-hanging carbon

I’m looking forward to hearing Scripps climate scientist Veerabhadran Ramanathan speak at an event next week in Los Angeles, and I hope he’ll talk about black carbon, which many are calling the low-hanging fruit of the climate change problem. Black carbon is the fine black soot that’s generated by carbon combustion, these days mostly from traditional cookstoves and …

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The (Environmental) Wealth of Nations

Costa Rica is taking seriously the idea that national wealth does not solely consist of physical or financial assets but also of environmental goods and natural resources. As Thomas Friedman explained in yesterday’s column: “More than any nation I’ve ever visited, Costa Rica is insisting that economic growth and environmentalism work together. It has created …

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NEPA and terrorism

To what extent does the Nuclear Regulatory Commission have to consider the threat of terrorist attack in the environmental analysis it undertakes for nuclear power plant licensing decisions? A March 31 decision from the Third Circuit, New Jersey Department of Environmental Protection v. Nuclear Regulatory Commission, creates a circuit split on that question. In the …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Regulation

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.