Regulation
Peering Behind OIRA’s Veil of Secrecy
OIRA is staffed by under-trained, over-worked short-termers.
OIRA is an agency whose functions are as mysterious to most people as its name. It doesn’t help much to learn that OIRA stands for Office of Information and Regulatory Affairs. The phrase “regulatory czars” is more informative. OIRA runs the federal government’s regulatory process. Although agencies like EPA are required to have a lot …
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CONTINUE READINGPlain Language, Climate Change, and the Supreme Court
The language of the statute relating to next week’s argument is clear — but there’s a fly in the ointment.
The Supreme Court will be hearing argument next week in Utility Air Regulatory Group v. EPA. It’s basically a very simple statutory interpretation case, except for two things. First, it’s about climate change, and nothing about climate change ever seems to be simple and straightforward. Second, although the language of the statute, prior Supreme Court precedent, …
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CONTINUE READINGCalifornia’s Flawed Approach to Electric Vehicle Public Charging
Legal settlement to commit $100 million to new charging stations has not been effective
Back in 2000, rolling blackouts descended upon California and eventually cost Governor Gray Davis his job. The crisis was caused by deviant corporate behavior, and one of the companies involved, NRG, finally settled with the state in 2012 for damages related to its conduct. But instead of being punished, the California Public Utilities Commission allowed …
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CONTINUE READINGOffshore Fracking Battles Brewing in the Golden State
Increased attention to fracking off the California Coast; what our state agencies can do about it
As prior blog posts and reports have detailed, hydraulic fracturing (“fracking”) has been occurring onshore in California for decades, yet without full disclosure to the public or state regulatory agencies. Recently, new reports of offshore fracking in both California and federal waters have surfaced, showing that fracking has also been underway off the coast for …
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CONTINUE READINGIs It Unconstitutional for the President to Implement Major New Policies by Regulation?
According to the Supreme Court, when statutes are unclear, the President is supposed to make policy judgments. That’s not unconstitutional — it’s just business as usual.
The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law. But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives. The only real …
CONTINUE READINGEmmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District
UCLA’s Emmett Center filed an amicus curiae brief yesterday in Utility Air Regulatory Group (UARG) v. EPA, the U.S. Supreme Court case that will determine whether EPA’s greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid. Arguing on behalf of the South Coast Air Quality …
CONTINUE READINGLightbulb Wars : The Saga Continues
Republicans win a largely symbolic victory for an obsolete technology.
Among the sleeper provisions of the new budget deal is a ban on enforcing federal lightbulb standards. This is a great example of symbolic politics — it makes Tea Party Republicans happy, has limited practical effect, and makes little policy sense. Or to put it another way, the enforcement ban is a dumb thing to …
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CONTINUE READINGAn Ounce of Prevention
Can inherently safer technology save us from chemical accidents and terrorists?
As Benjamin Franklin famously said, “an ounce of prevention is worth a pound of cure.” Franklin’s comment, originally made in reference to home fire safety, is characteristically timeless. Today, many are looking to the principle of prevention as a way to reduce the incidence and severity of chemical plant disasters. The threat of chemical disaster …
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CONTINUE READINGTen Energy Stories to Watch in 2014
What will shake the energy world this year?
In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …
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CONTINUE READINGU.C. Davis’ “ESA at 40” Conference Now Available for Online Viewing
The federal Endangered Species Act turned 40 this past weekend. On December 28, 1973, then-President Richard Nixon signed into law what has proven to be the nation’s most controversial environmental law. So it’s an especially appropriate time to alert Legal Planet readers that a major, recent conference on the ESA sponsored by the U.C. Davis …
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