Regulation
It’s High Time to Ban “Monster Fracking” in California
Fracking consumes enormous amounts of water, pollutes aquifers & is contrary to our climate goals
Recently, the New York Times published an important and disturbing expose’ titled, “‘Monster Fracks’ Are Getting Far Bigger. And Far Thirstier.” The Times article focuses on the alarming intersection of three current environmental crises–water supply shortages, groundwater contamination, and excessive greenhouse gas emission levels–that threaten California and other states across the nation. Fracking (the shorthand …
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CONTINUE READINGLivestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?
CARB will have the authority to regulate methane from livestock operations beginning in January but has not initiated rulemaking
At a recent California Air Resources Board (CARB) meeting, a staff member responded to a question about why CARB’s program for reducing emissions from transportation fuels incentivized the capture of methane from landfills so much less than the capture of methane from dairies: “Landfills have a different CI [carbon intensity] score because they are …
CONTINUE READINGWhat’s New About Income-Graduated Fixed Charges?
California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the second post in a series that follows that proceeding.
California’s new income-graduated fixed charge (IGFC) policy makes two major moves. The IGFC 1) unbundles costs from volumetric rates and shifts a portion of those costs into a separate fixed charge and 2) imposes the fixed charge on the basis of income. The IGFC has been described as unprecedented—but just what is new about this …
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CONTINUE READINGCalifornia Enacts Major Water Law Reform Legislation–But More Changes Are Needed
New law explicitly authorizes State Water Board to require water users to verify their water rights
The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389, an important water law reform measure authored by State Senator Ben Allen. California has one of the most antiquated and outdated water rights systems of any Western state. To put it bluntly, California currently faces a 21st century water supply …
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CONTINUE READINGA(nother) California “Regulatory Takings” Case Heads to the Supreme Court
Newly-accepted case pits private property rights against government land use authority
The U.S. Supreme Court has agreed to hear and decide an important “regulatory takings” case from California that has major implications for federal, state and local governments nationwide. The case is Sheetz v. County of El Dorado, Docket No. 22-1074. Even before the justices granted review in the Sheetz case last Friday, the Court’s 2023-24 …
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CONTINUE READINGWhat’s Been Killing U.S. Coal?
No, it’s not Biden. Or EPA. The culprits are supply and demand.
From 1960 to 2005, coal use grew more or less steadily by 18 million tons per year. It then tread water for a few years and began a steep decline in 2008, going from half of U.S. electricity to about one-fifth today. What happened in the middle of the Bush Administration to halt growth? And …
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CONTINUE READINGCan We Use Regulation to Reduce Inequality?
Contrary to some, I think the answer is yes. And here’s how we can do it.
Inequality is a burning issue in our society but plays only a limited role in the design of regulations. In an article that came out a week ago, I try to work through questions about how economic and racial inequality can be integrated into rule-making. In terms of economic inequality, the current system already has …
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CONTINUE READINGWhat’s a Major Question? (Judicial) Opinions differ.
Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.
In West Virginia v. EPA, the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion …
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CONTINUE READINGGovernor Gavin Newsom announces he will sign landmark climate disclosure bills SB 253 and SB 261!
SB 261 first proposed and drafted by CLEE Climate Risk Initiative
Breaking news! Governor Gavin Newsom just announced on stage at New York Climate Week that he will sign both of the landmark greenhouse gas emissions and climate risk disclosure bills, #SB253 (Wiener) and #SB261 (Stern), the later of which was first proposed and then drafted by our Climate Risk Initiative at the Center for Law, …
CONTINUE READINGCLEE-Proposed Climate Risk Disclosure Legislation Passes CA Legislature
SB 261 results from CLEE report recommendation
The California Legislature passed two path-breaking climate risk disclosure bills this week. Both bills now go to Governor Gavin Newsom’s desk where he has until October 14th to sign them. Senate Bill 261 (Stern) requires major corporations to disclose climate change related financial risks, using a framework consistent with that of the Task Force on Climate …
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