Regulation
Property Rights and California Raisins: Headed to the Supreme Court–Again
Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation
The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term. Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …
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CONTINUE READINGThe California REDD+ Experience
The ongoing political history of California’s initiative to include jurisdictional REDD+ offsets within the cap-and-trade system
Announcing the publication of The California REDD+ Experience, a report written by UCLA’s Emmett Institute faculty and published by the Center for Global Development. Six years ago in Los Angeles, Governor Schwarzenegger signed a memorandum of understanding with Governors from Brazil and Indonesia (and also Wisconsin and Illinois), to “coordinate efforts and promote collaboration” on …
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CONTINUE READINGWhere Does Air Pollution Come From?
When we think about pollution sources, we tend to picture factories. As it turns out, that’s wrong. At least, that’s the finding in a very carefully conducted study by UT’s David Adelman. He found that industry is not a leading source of air pollution, with two major exceptions. One exception consists of coal-fired power plants (and …
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CONTINUE READINGU.S.-China Climate Pact and Domestic Politics
Alex Wang and I Consider the Domestic Ramifications in Both the U.S. and China
The news from Beijing this week that the U.S. and China are committing to ambitious goals on climate change is, we think, monumental. No two countries are more important to tackling the problem than the largest carbon emitter over the past two centuries, the U.S., and the largest current emitter, China. While many observers are …
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CONTINUE READINGFive Governor Races to Watch
The Senate races are getting a lot of attention this year. But what happens in statehouses also matters. Most directly, it matters for the folks who live there. But governorships are often proving grounds for politicians who later emerge on the national scene. Today, I’ll focus on a handful of races that look like they …
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CONTINUE READINGMono Lake at 20: Past, Present and Future
Symposium in Sacramento, November 17
Please join us as the UC Berkeley School of Law, with stakeholders in the Mono Lake Cases, convenes a symposium in Sacramento on November 17, 2014, to mark the 20th anniversary of the State Water Resources Control Board’s Decision 1631. Panel presentations feature an cast of thought leaders, including: Marty Adams (Los Angeles Department of Water …
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CONTINUE READINGCalifornia’s New Groundwater Law: An Interactive Timeline
What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?
Many (including Legal Planet’s own Rick Frank) have examined the pros and cons of California’s new locally-focused groundwater management law. Such analyses will continue to be critically important as state and local players move forward with the nitty-gritty of actual implementation, and the legislation’s practical, on-the-ground (and under-the-ground) implications become clearer. In this post, however, my goal …
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CONTINUE READINGA Roadmap for State Comments on the Clean Power Plan
Considerations for State Regulators Tackling EPA’s §111(d) Proposed Rule
Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled …
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CONTINUE READINGGroundwater Management Lite for California
New State Groundwater Legislation a Key Step Forward, But No Immediate Fix or Long-Term Panacea
The California Legislature, in the waning hours of its 2014 session, enacted legislation creating a first-ever statewide system of groundwater management. The three-bill package (SB 1168 [Pavley]; SB 1319 [Pavley]; and AB 1719 [Dickinson]) is expected to be signed into law by California Governor Jerry Brown before the end of this month, and will take …
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CONTINUE READINGKashkari’s Unworkable Environmental Review “Reform” Plan
Net zero buildings for everyone?
In last night’s California gubernatorial debate, Republican candidate Neel Kashkari proposed a major reform to the California Environmental Quality Act (CEQA), which requires environmental review of new projects. But rather than gutting CEQA completely, a la State-Senator-turned-Chevron-lobbyist Michael Rubio, Kashkari proposed to give all projects the same breaks that the Sacramento Kings received in last …
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