Regulation
Trump Administration’s Cold Water War With California Turns Hot
Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo
When it comes to California water policy, the federal-state relationship has always been both strained and challenging. That intergovernmental tension harkens back at least to the Reclamation Act of 1902. In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state …
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CONTINUE READINGEconomists vs. Environmentalists: Time for Deténte?
You don’t have to love economics to see it as a possible ally.
Cost-benefit analysis has long been the target of environmentalist ire. But one lesson of the Trump years has been that economic analysis can be a source of support for environmental policy — it is the anti-regulatory forces who have to fudge the numbers to justify their actions. Most energy and environmental economists are aghast at …
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CONTINUE READINGCalifornia 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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CONTINUE READINGEPA 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 …
CONTINUE READINGCoastal 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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CONTINUE READINGDowngrading 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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CONTINUE READINGWater 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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CONTINUE READINGRoy 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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CONTINUE READINGA 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 …
CONTINUE READINGBottoms-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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