Regulation
U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGChevron Gets the Headlines, But State Farm May Be More Important
The abortion pill case could undermine the authority of agency’s expert judgments.
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to defer to an agency’s expert judgment unless its reasoning has ignored contrary evidence or has a logical hole. As you probably already know, …
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CONTINUE READINGThe SEC’s Watered-Down Climate Rule
Now that the SEC has approved its limited climate disclosure rule, the spotlight is back on California’s more stringent disclosure laws that still need backing.
After months of discussion, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to adopt climate reporting standards that will mandate publicly-traded companies disclose some of their greenhouse gas emissions. The SEC’s rule was proposed way back in 2022, and the initial draft would have required companies to disclose their “Scope 3” supply chain emissions, …
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CONTINUE READINGEvaluating Voluntary Agreements in the Bay-Delta Watershed
by Nell Green Nylen, Felicia Marcus, Dave Owen, and Michael Kiparsky
Updates to flow and other regulatory requirements for California’s Bay-Delta watershed are long overdue. For much of the last 12 years, state political leadership has prioritized efforts to develop voluntary agreements (VAs) with water users over completing updates to the watershed’s water quality standards. Now the State Water Resources Control Board has restarted the regulatory …
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CONTINUE READINGClimate Election 2024: Trump Plans to Drain the EPA
The battle plan for a second Trump term includes reinstating Schedule F to remove climate experts from the U.S. government.
Donald Trump could “F” the federal government. Literally. Far-right policy strategists are laying plans, largely endorsed by the Trump campaign, for getting rid of federal government workers who might otherwise stand in the way of a radical deregulation agenda. It’s called “Schedule F,” and it could be used to strip employment protections from as many …
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CONTINUE READINGThe U.S. Supreme Court & Environmental Law in 2024
Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year
As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year. It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …
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CONTINUE READINGMore Thrills and Chills Ahead! What to Expect in 2024
Here are the key events that will shape climate and energy policy.
We will face some important forks in the road in 2024 in terms of environmental law. Here are some of the upcoming forks. Who will be President in 2025? You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …
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CONTINUE READINGReviewing Agency Indecision
The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.
A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator. Since you’re probably more interested in the second point than …
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CONTINUE READINGCOP28: “The Methane COP”
Methane was at the center of COP28. Here are some of the most relevant announcements of this year’s Conference of the Parties.
By far, the most ubiquitous figure at COP28 was that of John Kerry. The U.S. climate envoy strolled through the labyrinthine and confusing alleys of Dubai’s Expo City wearing an impeccable suit despite the almost 100-degree Fahrenheit winter weather of the United Arab Emirates. When he wasn’t walking, he was talking about methane, earning him …
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CONTINUE READINGThe New Frontier of Methane Regulation
Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation.
Methane is ready for its close-up. The first week of COP28, the UN climate talks taking place in Dubai, saw a handful of big announcements about how world leaders plan to tackle human-made climate change by targeting methane, a powerful short-term climate pollutant. The UCLA Emmett Institute is also drawing attention to the issue of …
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