Regulation
Shark Fins, Federal Preemption & the Ninth Circuit–An Update
Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …
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CONTINUE READINGFeds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …
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CONTINUE READINGUCLA / UC Berkeley Law Report on High Speed Rail Policies for California’s San Joaquin Valley
The environmental law centers at UCLA and UC Berkeley Schools of Law are releasing today a new report on policies to maximize the economic and environmental benefits of high speed rail in the San Joaquin Valley. “A High Speed Foundation: How to Build a Better California Around High Speed Rail″ is the eleventh report in …
CONTINUE READINGThe Long, Losing War Against Government Regulation
Since the time the laws were passed, the anti-regulatory movement has fought to roll back the health and safety regulations of the 1970s. The battle has been fierce. As with the trench warfare of World War I, there have been many loud and hard-fought battles, but the outcome has generally been to move the lines …
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CONTINUE READINGGetting Permission to Go Solar
Last summer, Berkeley’s Center for Law, Energy and the Environment (CLEE) issued a report, at the request of Governor Jerry Brown, identifying barriers to the accelerated deployment of “distributed” renewable energy projects. This document was the result of a stakeholder conference hosted by the Governor, located on campus at UCLA, and substantively managed by Berkeley …
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CONTINUE READINGREINS or SPURS?
When it’s not busy passing yet another bill to repeal healthcare reform, the House of Representatives likes to pass an even more sweeping attack on effective government called REINS. REINS is one of those bills that seems suspect from reading the title alone — it’s one of those gimmicky titles (“Regulations from the Executive in …
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CONTINUE READINGThe House Takes Aim at EPA Regulation of Power Plant Pollution
Last week, the House passed HR 1582 on a 232-181 vote. The law is designed to restrict EPA regulation of power plants, but the House also adopted an amendment that takes a swipe at environmental economists. HR 1582 is mercifully brief and to the point. When EPA proposes a rule that would impose over $1 billion …
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CONTINUE READINGGuest Blogger Ken Alex: 2030 is Calling
Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research. The views expressed in this blog post are his own. California’s AB 32 is the most important climate change law in the country. We are in full implementation mode to meet the requirement that …
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CONTINUE READINGGuest Blogger Ken Alex: Big Data and the Renewable Revolution
Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research. The views expressed in this blog post are his own. Earlier this year, UCLA’s Center for Sustainable Communities launched an interactive energy map for energy use in most of Los Angeles. It was a …
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CONTINUE READINGProtecting the Safety of Food Imports
Food safety, particularly for imported foods, is a serious problems. Help is on the way — but slowly, very slowly. According to the NY Times: About 15 percent of food that Americans eat comes from abroad, more than double what it was just 10 years ago, including nearly two-thirds of fresh fruits and vegetables. And …
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