Regulation

California Adopts New, Welcome Wetlands Protection Rules

State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards

This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources.  Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary.  Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal […]

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EPA Shouldn’t Roll Back Coal Power Plant Emissions Standard, Conclude Experts in Electrical Grid Management and Pollution Control Technology Innovation

Emmett Institute Faculty File Two Comment Letters on Behalf of Experts, Demonstrating Flaws In Proposed Rollback of New Source Performance Standard for New Coal-Fired Power Plants

In 2015, EPA set greenhouse gas emissions standards for new coal-fired and natural gas-fired power plants under the Clean Air Act’s New Source Performance Standards program, Section 111(b) of the Act. These standards ensure that new plants can be built only if they incorporate state-of-the-art emissions controls. Unfortunately, in late 2018, the Trump Administration EPA proposed […]

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Coastal Communities Demand EPA Update Decades-Old Oil Spill Regulations

Written in Collaboration with Camila Gonzalez*

Coastal communities are bracing themselves. Thirty years after the Exxon Valdez oil spill in Alaska, and almost nine years after the BP Deepwater Horizon rig explosion in the Gulf of Mexico, they are facing the threat of another catastrophic oil spill. The Trump Administration is paving the way. The Bureau of Ocean Energy Management will […]

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Downgrading OIRA

The acting regulatory “czar” is the least experienced in history.

Overlooked amidst all the other news, the White House picked a new acting regulatory czar earlier this month. The acting Director of the Office of Information and Regulatory Affairs is Paul Ray, who is very junior and a virtual unknown.  It’s difficult to imagine that he’s going to be very effective at telling cabinet officials […]

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Water Rights Administration and Oversight During Past California Droughts

Part 2 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

In the first post in this series, I talked about why it’s important for the state of California to spend time preparing for future droughts even in wet years like this one.  This post examines some of the lessons from past droughts that can inform these preparations. Past droughts have stress-tested California’s water management institutions, […]

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Roy Cohn Meets The Takings Clause

Sleeper Supreme Court Case Could Upend Environmental Regulations

“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to […]

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A Legislative Response to California’s Housing Emergency: Senator Skinner’s SB 330

How to Make a Good Bill Even Better

(This post is co-authored by U.C. Davis Law School Professor Chris Elmendorf)  Last week, as President Trump harrumphed about the faux emergency on our nation’s Southern border, California State Senator Nancy Skinner introduced a potentially transformative bill that addresses California’s real emergency: the ever-escalating cost of housing in the state’s economically productive metropolitan regions. As […]

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Bottoms-Up! An Emerging New Governance System (3)

Bottom-up strategies can ultimately pave the road for stronger international agreement.

It is difficult to measure the extent of positive feedback between climate initiatives. But it seems evident that such feedback does exist. A major climate initiative in one jurisdiction seems to encourage climate action elsewhere. This makes climate action a more appealing prospect for any individual jurisdiction, because by acting it can increase climate actions […]

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Is the Green New Deal’s Ambition Smart Policy?

Some Lessons from Environmental History

At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy  — is a major conundrum.  Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically.  Stanford Professor Marc Z. Jacobsen, for […]

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Emmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority

Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein

Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]

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