Regulation
What Does Trump’s “Waters of the U.S.” Rollback Mean for California?
It might not be what you’d think.
Last week, the Trump EPA announced its proposed rule to roll back the Obama administration’s 2015 “Waters of the United States” rule (“WOTUS Rule”). Early in his tenure, Trump had announced his intent to repeal and replace the WOTUS Rule, and the proposal is, as billed, an attempt to replace the existing WOTUS Rule with …
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CONTINUE READINGRegulatory Reform: A Progressive Vision
A new Issue Brief provides practical proposals on how to improve regulation.
For over three decades, “regulatory reform” has been an aspiration chiefly for opponents of regulation. Everyone agrees that regulation could be improved. But too many proposals for change are designed to undercut protection of the environment, public health, and civil rights. What would regulatory reform look like if you actually want to improve regulation rather …
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CONTINUE READINGDeveloping Policy from the Ground Up
New article provides more detailed data and analysis of housing entitlement in the Bay Area
This blog post (and the underlying article) was co-authored by Moira O’Neill, Giulia Gualco-Nelson, and Eric Biber. Our team has released a new article on land-use regulation and housing in the Bay Area, building on our report from last February that explored the role of local law and the California Environmental Quality Act (CEQA) on …
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CONTINUE READINGTwo Years and Counting: Looking Forward
What’s the prognosis for the second half of Trump’s term?
In terms of regulatory policy, the second half of Trump’s term is shaping up to look a lot like Obama’s final two years in office. Congress won’t be doing much to advance Trump’s environment/energy agenda, as was the case with Obama. So, like Obama, Trump’s focus will be on administrative action, particularly regulatory initiatives (or …
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CONTINUE READINGTwo Years & Counting: A Historical Perspective
How does Trump compare with Bush, the last GOP President?
This is the second of three posts assessing the first two years of the Trump Administration. We all seem to be subscribed to the “All Trump News, All the Time” newsfeed. It may be helpful to step back a bit and compare Trump with his last Republican predecessor, George W. Bush. How do the two …
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CONTINUE READINGAuctioning the Upzone: A New Strategy for Inducing Local-Government Compliance with State Housing Policies
New White Paper by U.C. Davis Law Professors Recommends Market-Based Tool to Incentivize Intensified Urban Development in California and Beyond
(Note: the following post was co-authored by U.C. Davis School of Law Professors Chris Elmendorf and Darien Shanske; the white paper discussed in the post is their work product.) California’s housing policies–a topic that for years received precious little attention from state officials–has suddenly become the Golden State’s hottest political and policy issue. The California Legislature passed …
CONTINUE READINGSupreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now
Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary
The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …
CONTINUE READINGDoes the New National Climate Assessment Hurt the Trump Administration in Court?
The Report Could Affect a Number of Cases
The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public impact by dropping it on Black …
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CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California’s Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …
CONTINUE READINGDo Androids Dream of Endangered Sheep?
Imagine there were self-aware AIs. Would they care about the environment?
With the election behind us, I thought it might be a good time to take a step back and do some musing about less impending issues. Unlike most of my posts, this one is more on the speculative side. The title of this post is a riff on Do Androids Dream of Electric Sheep?, a novel by …
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