Regulation
San Jose’s Inclusionary Housing Ordinance Dodges Supreme Court Bullet
Justices Deny Review of California Supreme Court Decision Upholding San Jose Measure
Advocates of the City of San Jose’s controversial inclusionary housing ordinance, which was upheld in a 2015 California Supreme Court decision, are breathing a sigh of relief this week. That’s because the U.S. Supreme Court has denied the California Building Industry Association’s petition for certiorari in the case. But the available evidence suggests that the High Court …
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CONTINUE READINGRisk Subsidies and the Future of Nuclear Power in the U.S.
Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?
As I’ve written about before, U.S. law massively subsidizes the nuclear power industry. In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the …
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CONTINUE READINGLessons from Aliso Canyon, Part II
Leaks in Regulation
Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …
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CONTINUE READINGThe Tricky Problem of Cumulative Exposures
A new UCLA report finds reason to be concerned about cumulative risk, and notes that under CA law regulators are required to act
We are all exposed to hundreds, if not thousands of chemicals through consumer products, air pollution, drinking water, and occupational exposures, just to name a few. Yet chemicals and pollutants are largely assessed and regulated individually. Increasingly, environmental health professionals have been attempting to grapple with assessing the risk of exposure to multiple chemicals. New …
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CONTINUE READINGJustice Scalia and Environmental Law
Scalia’s decisions were almost unremittingly anti-environmental.
Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction. Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work. But for the benefit of others, I thought it might be helpful to summarize his major environmental decisions. The …
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CONTINUE READINGReflections on the Coastal Commission’s Implosion
The Implications of the Decision to Fire Charles Lester – and the Decision Not to Explain It
As Rick Frank insightfully discussed earlier this week, the California Coastal Commission has fired its former executive director, Charles Lester. Readers interested in more background information and analysis should read Rick’s post, as well as the excellent reporting by Tony Barboza and others from the LA Times. (And anyone who wants to hear about it …
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CONTINUE READINGCalifornia Coastal Commissioners Fire Executive Director Charles Lester
Personnel Dispute is Commission’s Biggest Political Controversy in Over a Decade
Following months of public controversy and a marathon 10 1/2 hour hearing Wednesday in Morro Bay, a closely-divided California Coastal Commission voted to fire its Executive Director, Charles Lester. The Commission vote to remove Lester was 7-5. Lester, who as Executive Director has led the Commission staff for the past 4 1/2 years, is the …
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CONTINUE READINGLessons from Aliso Canyon, Part I
Regulation of the Oil and Gas Sector
Since October 23, 2015, a leak in a natural gas well has been releasing methane gas near the Porter Ranch neighborhood of Los Angeles. Although methane is invisible and odorless, gas companies add odorants to alert people to leaks, and it is these additives, usually mercaptans, that experts believe are causing the physical effects suffered by …
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CONTINUE READINGThe Future of the Diablo Canyon Nuclear Plant
A group of scientists, philanthropists, and self-identified conservationists weighs in.
The role that nuclear power could or should play in helping to mitigate greenhouse gas emissions is worthy of serious debate, but the latest nuclear-related front-page story in the San Francisco Chronicle is a head-scratcher. Above the fold, the headline reads “Nuclear plant’s surprise backers,” followed by the following subheading: “Environmentalists push for Diablo Canyon …
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CONTINUE READINGEPA Wins the First Round in Clean Power Plan Litigation
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …
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