Regulation
My Environmental Law Wish List For A California Legislative Super-Majority
Tuesday could give Democrats enough seats to make a major impact on environmental policies
The presidential election next week is making most of the news these days, but while the rest of the country flirts with electing Donald Trump as the next president, California is going its own progressive way. The Republican Party has been all but completely marginalized in this state, for a variety of demographic reasons and …
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CONTINUE READINGObama’s Remarkable Environmental Achievements
When you look at the whole of his legacy, it’s a stunning record.
When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …
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CONTINUE READINGThe Steadily-Dying Sierra Nevadas
Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests
Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend. As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in …
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CONTINUE READINGCelebrating California’s Climate Change Leadership
State Government Leaders From Both Parties Celebrate AB 32’s Tenth Anniversary
In stark contrast to a dysfunctional national government and an utterly dispiriting presidential campaign, Sacramento, California was today the site of an inspirational, bipartisan celebration. Current California Governor Jerry Brown, a Democrat, and his predecessor, Republican Governor Arnold Schwarzenegger, joined past and present state legislative leaders to commemorate the 10th anniversary of California’s landmark Global Warming Solutions Act of 2006, better known as …
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CONTINUE READINGThe Clean Power Plan Oral Arguments
After marathon hearing, EPA comes out on top
Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. …
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CONTINUE READINGWill EPA Finally Ban Asbestos?
A look at the risks the substance presents, efforts to ban its continued use in the United States, and the role of TSCA reforms
Today millions of people will tune in to watch the first 2016 Presidential Debate. I’m popping the popcorn for what promises to be quite the spectacle! But while the debate takes center stage, other events make today significant as well. Most important for me, September 26th marks the 12th annual Mesothelioma Awareness Day in the …
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CONTINUE READINGReproductive Rights Meet . . . Waste Disposal Law?
Texas aims to limit abortion via environmental regulation
All know that by a 5-3 vote, the U.S. Supreme Court in June struck down as “undue burdens” on the exercise of reproductive rights the State of Texas’s 2013 restrictions on abortion facilities. Those rules required facilities to meet illogical physical premises requirements and to have physicians with local hospital admitting privileges – privileges the …
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CONTINUE READINGWhy Doesn’t the GOP Offer Alternative Solutions to Environmental Problems?
Republicans hate conventional regulations. But they’ve given up on offering alternatives. Here’s why.
There’s one thing we all know: the Republican Party hates regulation. Republicans want to roll back some key regulations and make it a lot harder to pass new ones. But there’s a curious silence about alternatives to regulation. For decades, conservative Republicans have denounced “command and control” regulations by EPA and other agencies. So why don’t they …
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CONTINUE READINGCalifornia Enacts Legislation Targeting Short-Lived Climate Pollutants
The statute codifies the goals set by the Governor and ARB
On Monday, Governor Brown signed SB 1383 into law, establishing statewide targets for reducing what are known as “short-lived climate pollutants,” which I have discussed in previous posts. The law requires a 40% reduction in both methane and hydrofluorocarbon gases (HFCs) below 2013 levels, and a 50% reduction in black carbon from 2013 level. Legislators …
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CONTINUE READINGState regulation of environmental harms on federal lands
California Supreme Court case indicates substantial authority for states to act
Sean has already reported on the recent Rinehart decision by the California Supreme Court, in which the Court concluded that a state law imposing a temporary moratorium on the use of suction dredge equipment in California waterways was not preempted by federal mining law. Here, I just want to add to Sean’s excellent summary by …
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