Regulation
Legal Analysis of CAISO Expansion
We don’t foresee changes to FERC jurisdiction or Commerce Clause validity
The California Independent System Operator — known as CAISO — is considering expanding its footprint to include Pacific Corp as a participating transmission owner. CAISO recently commissioned a study that Professor William Boyd of the University of Colorado and I authored, in consultation with Ethan Elkind of Berkeley and UCLA and Sho Sato Professor …
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CONTINUE READINGWhither the 2016-17 Court on Environmental Cases?
Docket so far limited to a significant takings case, Murr v. Wisconsin
So far, the docket for the U.S. Supreme Court’s term beginning in October includes no significant statutory environmental case. It does include an important takings case that could limit or expand the land use powers of all levels of government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels. Whether the Court ultimately …
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CONTINUE READINGDo water managers’ perceptions influence innovation?
New survey probes the innovation deficit
Climate change and population growth are rapidly increasing stress on our water systems, challenging their ability to deliver critical services. To respond to this, we need more than simple course adjustments in how we manage our water – we need entirely new paradigms that will improve resource efficiency and support more sustainable urban water systems. Considerable …
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CONTINUE READINGThe Slow Pace of Rulemaking
Rulemakings take a long time. We don’t really know what causes the delays.
A recent study by Public Citizen reports that it takes about 2.5 years to issue an economically significant rule, starting from the time the rule is first listed in the regulatory agenda. There are major differences between agencies – an economically significant rule takes EPA almost four years, rather than the 2.5 years needed by …
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CONTINUE READINGMajor Settlement Announced in Volkswagen Emissions Fraud Litigation
$14.7 Billion Civil Enforcement Settlement is a Victory for Consumers, Environmental Prosecutors
Federal and state environmental prosecutors today announced a proposed settlement of government civil enforcement litigation they’ve pursued against Volkswagen in response to the automaker’s acknowledged efforts to cheat federal and state auto emission standards and defraud consumers. The complex settlement, lodged with the assigned U.S. district court judge in San Francisco, requires Volkswagen to pay …
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CONTINUE READINGThe End-game for Diablo Canyon?
A landmark agreement supports the closure of a controversial nuclear plant.
Today’s announcement that the Pacific Gas & Electric Company (PG&E) has reached an agreement with several environmental and labor groups to plan for the eventual shutdown of the Diablo Canyon Nuclear Plant is a stunning development, when viewed in an historical perspective. PG&E has agreed not to seek new licenses for its power plant that …
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CONTINUE READINGGaming Out Environmental Law: 2017-2019
The heavens or the abyss? Or somewhere in between?
What happens after November? A lot depends on who’s the next President, but the congressional elections also matter. Basically, a Trump victory would mean at least a rollback of much of Obama’s environmental legacy, and perhaps passage of the current House deregulatory agenda into law. A Clinton victory would be likely to preserve or strengthen the …
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CONTINUE READINGCalifornia Fines SoCal Gas for Corroded Pipe Casings
The CPUC issued the fine after finding dozens of violations
The California Public Utilities Commission (CPUC) issued a citation for violations of a federal regulation on Southern California Gas Co. (SoCal Gas) totaling $2.25 million. The citation is based on forty-five violations of a federal regulation requiring that operators “take prompt remedial action to correct any deficiencies indicated by” external corrosion monitoring. According to the May …
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CONTINUE READINGFinding Least-Conflict Lands For Solar PV In California’s San Joaquin Valley — And Beyond
New CLEE report identifies 470,000 acres of ideal land for solar PV, with 4pm webex briefing with state officials
To achieve California and the post-Paris world’s climate goals, we’re going to need a whole lot more renewable energy. Given current market trends, much of it will come from solar photovoltaic (PV), which has gotten incredibly cheap in the last few years. But deploying these solar panels at utility scale will mean major changes to …
CONTINUE READINGFormer Massey Energy CEO Sentenced to Prison for Actions Leading to 2010 Coal Mine Disaster
What Broader Environmental and Worker Safety Enforcement Lessons Can Be Learned Here?
A federal district judge on Wednesday sentenced Don Blankenship, the former Chief Executive of Massey Energy, to serve one year in federal prison–the maximum term allowed by law–and to personally pay a criminal penalty of $250,000 for Blankenship’s acts of omission and commission that led to the notorious 2010 coal mining disaster at Massey’s Upper …
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