Regulation
Guest Contributors Clara Barnosky, Jane Sadler, Richard Yates, and Zachary Zimmerman: The Biden Administration’s First 100 Days of Reversing Environmental Rollbacks
An Early Analysis of Progress and Priorities in the Executive Branch
In the final months of the Trump presidency, we (a team of students working with U.C. Berkeley’s Center for Law, Energy and the Environment (CLEE)) compiled a database of over 200 environmental rollbacks enacted during the Trump administration. These rollbacks characterized the administration’s aggressive focus on deregulation of industry and disregard of protections for the …
CONTINUE READINGWashington State Ups Its Climate Game
After much travail, the state has finally put a price on carbon.
The Washington state legislature passed a historic climate change bill on April 24. The bill requires a 95% cut in carbon emissions by 2050. After much travail, the state has finally managed to put a price on carbon by adopting a cap-and-trade system. With the decision of additional states to join the east coast RGGI …
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CONTINUE READINGDo regulators and utility managers have irreconcilable differences or mutual goals?
By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky
Do regulators and utility managers have irreconcilable differences or mutual goals? By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky. What do climate change, aging infrastructure, and urban population growth have in common? They all pose major challenges – especially for water infrastructure in the United States. And many utilities are having a …
CONTINUE READINGRegulating Interstate Ozone Pollution: EPA Nears the Finish Line
The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.
EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast. This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005. Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …
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CONTINUE READINGThe Nondelegation Doctrine and Its Threat to Environmental Law
Here’s what the doctrine means and why it has suddenly become so significant.
If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9% of Americans who’ve never heard of it, here’s an explainer of the doctrine and what the 6-3 Court might do with it. What’s the nondelegation doctrine? Simply put, …
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CONTINUE READINGA Preview: Major Property Rights Case Currently Before U.S. Supreme Court
Decision in Cedar Point Nursery Could Imperil Key Health, Safety & Environmental Programs
On Monday, the U.S. Supreme Court will hear oral arguments in a major property rights case from California: Cedar Point Nursery v. Hassid. That litigation arises in a labor law context. But, depending on how the Court rules, the case could have major, deleterious impacts on a wide array of health, safety and environmental programs. …
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CONTINUE READINGWhen “Stay In Your Lane” Is Wrong
Technical policy questions often involve ethical political questions that the public must have a say in
As vaccination for the coronavirus in the United States ramps up, I want to take a look back to a policy dispute over the initial plans for vaccine distribution at the end of 2020 and the beginning of 2021 – in part because that fight (like “follow the science,” which I blogged about recently) also …
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CONTINUE READINGDeconstructing the Supreme Court’s First Environmental Law Decision of the Year (Sort Of)…
…And Newly-Arrived Justice Barrett’s First Majority Opinion
Earlier this month, the U.S. Supreme Court issued its first environmental law-related decision of its current Term–U.S. Fish and Wildlife Service v. Sierra Club. I say “environmental law-related” because the heart of the case concerns whether certain federal government documents are disclosable to the public under the Freedom of Information Act (FOIA). But the case …
CONTINUE READINGGuest Contributor Aimee Barnes: How the Biden Administration’s Environmental Justice Mapping Tool Can Identify and Target Benefits to Disadvantaged Communities
Lessons Learned From CalEnviroScreen
Just one week after his inauguration, President Joe Biden designated January 27 “Climate Day” at the White House and signed a number of executive orders, including one aimed to “secure environmental justice (EJ) and spur economic opportunity.” Under this executive order, President Biden took the first steps to make good on his campaign’s EJ commitments. …
CONTINUE READINGThree Ways of Dodging Responsibility
After disaster strikes, there are some tried-and-true ways of avoiding responsibility.
In the wake of the Texas blackouts, we’re seeing a number of familiar moves to deflect blame by the usual suspects–politicians, regulators, and CEOs. These evasive tactics all begin with a core truth: Eliminating all risk is impossible and would be too expensive even if it weren’t. But then they spin that truth in various …
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