Regulation Archives - Page 59 of 126

Regulation

Happy Birthday, TSCA!

With the Toxic Substances Control Act (TSCA) celebrating its 37th birthday today, I was thinking what we should get it as a birthday gift. Here’s one idea; how about a little respect. I’ve blogged before about how the statute has become one of the most denigrated environmental laws on the books. It seems that every …

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The Debt Ceiling and the Environment

The House GOP plans to require a rollback of environmental regulations as a condition for raising the debt ceiling. This would be a massive power-grab by the House at the expense of the President and the Senate.

It slipped under the radar screen due to all the furor over the impending government shutdown, but the NY Times ran an important article two weeks ago about the debt ceiling. The Republican plan is apparently to condition their agreement to raise the debt ceiling and save the country from default on a massive regulatory rollback. …

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U.C. DAVIS LAW SCHOOL CONVENES “ESA AT 40” CONFERENCE

U.C. Davis School of Law’s California Environmental Law & Policy Center to host major conference commemorating the 40th anniversary of the federal Endangered Species Act

This Friday, October 4th, the U.C. Davis School of Law’s California Environmental Law & Policy Center (CELPC) will convene a major conference commemorating the 40th anniversary of the federal Endangered Species Act. “The ESA at 40: Examining Its Past and Exploring Its Future” will bring to King Hall a broad array of ESA experts, including …

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New Chemical Regulations Go Live in California

Making Prevention Real?

Today, after years of discussions and drafts, California’s new Safer Consumer Product regulations take effect. They create a comprehensive chemicals regulatory scheme having three steps: identification and prioritization of consumer products containing chemicals of greatest concern (“product-chemical combinations”); performance of “alternative analyses” by the manufacturers of those high priority product-chemical combinations; and selection of regulatory responses …

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Environmental Impacts of Fracking: Three Layers of the Onion

This summer, The Emmett Center at UCLA jointly sponsored with the Union of Concerned Scientists a two-day workshop on unconventional oil and gas production technologies, aka fracking: two days of expert working groups on science and risk assessment, law and regulation, and public information and engagement, followed by a public forum. The public forum was …

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Pesticide Registration: Time for an Upgrade

UCLA Study Offers Recommendations to Improve the Pesticide Approval Process in California

We love our fresh fruits, vegetables and nuts in California. They are healthy for us and for our economy; California leads the nation with agricultural revenues of over 44 billion dollars annually, and produces nearly half of the fruits, nuts and vegetables grown in the U.S. But modern agriculture relies heavily on fumigants to produce this bounty …

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CEQA reform turns into another special-interest exemption

Overall, this is a step back for CEQA reform.

Ethan recently noted the possibility of CEQA reform that might actually make sense: Reducing the focus on aesthetics and traffic in infill developments (which can result in worse environmental outcomes!), ongoing monitoring of impacts of projects after the CEQA process is completed, and providing some transparency in the CEQA litigation process. (Though I still think …

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New Report Released Today on Electric Vehicle Deployment in Hawaii

Hawaii may be a paradise, but not if you’re driving a fossil fuel car and getting all of your electricity from the grid. The state has the highest gas and electricity prices in the nation, burning imported fossil fuels and costing residents dearly. Yet Hawaii has abundant renewable resources, from solar to wind to geothermal. …

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California Poised to Take a Major Step Forward on Energy Storage

Energy storage isn’t called the “Holy Grail” for nothing. Without it, we simply cannot meet our long-term greenhouse gas reduction goals. To decarbonize the energy supply, intermittent renewable energy from the sun and wind must be stored for later dispatch when those resources aren’t available. We’ve covered this subject extensively here and here. Now California …

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Driven Past Endurance

This is probably not the best time to talk about the social cost of driving, given that many readers are probably planning to drive to see family. But no one is saying that you should never drive anywhere — just that reducing driving has some positive benefits. The math is simple. The environmental impact of …

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Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Regulation

The House GOP plans to require a rollback of environmental regulations as a condition for raising the debt ceiling. This would be a massive power-grab by the House at the expense of the President and the Senate.

U.C. Davis School of Law’s California Environmental Law & Policy Center to host major conference commemorating the 40th anniversary of the federal Endangered Species Act

Making Prevention Real?

UCLA Study Offers Recommendations to Improve the Pesticide Approval Process in California

Overall, this is a step back for CEQA reform.

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

Hundreds of past federal cases relied on Chevron. They remain good law.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

We used to have the Chevron test? What test do we have now?