Regulation Archives - Page 8 of 128

Regulation

A decade of unraveling the effects of regulation on water innovation

By Michael Kiparsky, with Dave Smith, Nell Green Nylen, Luke Sherman, Alida Cantor, Anita Milman, Felicia Marcus, David Sedlak, Bernhard Truffer, Christian Binz, Sasha Harris-Lovett, Jeff Lape, Justin Mattingly, Dave Owen, Lars Tummers, Buzz Thompson

In a recent post, my colleagues and I reported on our most recent research output in a long series of projects examining the effect of regulation on water innovation. The post describes a new framework for understanding and, ultimately, improving relationships between regulators and wastewater utility managers who are seeking to implement novel technical solutions, …

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Has the Supreme Court Declared Open Season on Interstate Commerce?

How to read a baffling Supreme Court ruling.

If you’re a lawyer or a lower court judge, you know you’ve got a problem when the Supreme Court’s opinion begins with a list of parts of the opinion that do or don’t have a majority, along with a list of what different permutations of judges said what about the issues. The Pork Producers case …

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The role of regulatory relationships in wastewater innovation

Five boxes are shown, one for each of the 5 characteristics. Arrows connect some of the boxes to one another. The first box is for “clarity.” It says “The relationship establishes explicit and mutually understood expectations regarding the utility’s and regulator’s respective responsibilities and goals.” The second box is for “capacity building.” It says “The relationship builds knowledge and abilities for both the utility and the regulator.” The third box is for “continuity.” It says “The relationship begins early and continues throughout project development and implementation.” The fourth box is for “trust.” It says “The relationship fosters willingness by the utility and regulator to take risks in exchange for the other party’s capability and willingness to deliver on commitments, as well as public confidence in both.” Finally, the fifth box is for “bounded flexibility.” It says “The relationship maintains the ability to adjust and adapt over time, including by (1) supporting project refinement, learning, and adjustment and (2) exploring the appropriate use of regulatory discretion.” Three arrows point from the clarity box to other boxes. One arrow points to the capacity building box and says “Helps parties identify their information needs.” A second arrow point to the trust box and says “Helps parties understand one another’s goals, responsibilities, and constraints + identify areas of alignment.” The third arrow points to the bounded flexibility box and says “Helps parties identify where flexibility may be possible and beneficial.” Two arrows point from the capacity building box to other boxes. One points to the trust box and says “Builds project-specific knowledge + builds ability to deal with innovation.” The other points to the bounded flexibility box and says “Supports project refinement and adjustment.” Four arrows point from the continuity box, one to each of the other four boxes. The arrow to the clarity box says “Maintains understanding of parties’ goals and expectations.” The arrow to the capacity building box says “Supports developing and maintaining the parties’ institutional and project-specific knowledge.” The arrow to the trust box says “Demonstrates a pattern of good-faith interactions.” The arrow to the bounded flexibility box says “Enables ongoing engagement around adaptive management + regulatory discretion.” Finally, an arrow points from the trust box to the bounded flexibility box. It says “Increases willingness to use adaptive management + supports exploring regulatory discretion.”

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Public water and wastewater utilities are increasingly struggling to meet society’s expectations. Their basic infrastructure is aging, budgets are tight, and they face a barrage of stressors, from population growth to climate change and shifting regulatory expectations. What’s more, in addition to performing their traditional function of protecting human health and water quality, many wastewater …

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Environmental Law Again Front-and-Center at California Supreme Court

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …

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To Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment

Aerial view of a reservoir showing low water levels.

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …

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Revamping Cost-Benefit Analysis

Proposed changes will make CBA more climate friendly.

Last week, the Biden White House released proposed changes in the way the government does cost-benefit analysis. CBA has been a key part of rule making for forty years. The proposal is very technical and low-key, but the upshot will be that efforts to reduce carbon emissions will get a leg up. In particular, the …

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Does Upzoning Reduce Housing Prices?

A recent careful study says no, but it suffers from unavoidable data and conceptual problems.

A new study on upzoning is out from the highly-respected Urban Institute, and it doesn’t have great news for YIMBYs: We find that reforms that loosen restrictions are associated with a statistically significant 0.8 percent increase in housing supply within three to nine years of reform passage, accounting for new and existing stock. This increase …

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U.S. Climate Law: A Broad & Rapidly Growing Field

There’s a lot of law relating to climate change. A lot!

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …

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The Texas Paradox

Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?

I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas. Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry …

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When Is It Legal to Consider Race in Regulating?

Two upcoming Supreme Court decisions will tell us a lot about the answer.

On Halloween, the Supreme Court heard oral argument in cases brought by Students for Fair Admissions (SFFA) against Harvard and UNC. These cases seem likely to move the Court closer to requiring colorblindness. How would that impact EPA’s ability to pursue environmental justice? Based on comments of the Justices during the arguments in the Harvard …

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Crisis at DOJ’s Environment & Natural Resources Division

Guest contributors Sommer Engels, Andrew Mergen, and Justin Pidot write that dismantling ENRD will be disastrous for future administrations, the American people, and even for the Trump Administration.

Regulation

By Michael Kiparsky, with Dave Smith, Nell Green Nylen, Luke Sherman, Alida Cantor, Anita Milman, Felicia Marcus, David Sedlak, Bernhard Truffer, Christian Binz, Sasha Harris-Lovett, Jeff Lape, Justin Mattingly, Dave Owen, Lars Tummers, Buzz Thompson

How to read a baffling Supreme Court ruling.

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

Proposed changes will make CBA more climate friendly.

A recent careful study says no, but it suffers from unavoidable data and conceptual problems.

There’s a lot of law relating to climate change. A lot!

Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?

Two upcoming Supreme Court decisions will tell us a lot about the answer.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

Local action becomes even more important under a new federal regime

There were dozens of actions, all harmful to the environment. These are the worst of the worst.

The Torrance Refinery Action Alliance and Rep. Maxine Waters have renewed calls to ban hydrofluoric acid at SoCal refineries. Here’s why and how that could work.

New CLEE report with model policies to ensure a responsible EV battery supply chain

Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.

Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.

The people occupying environment and energy positions will be anti-regulatory and pro-fossil fuel.

The action would mean full-blown warfare against all things climate.

Biden’s climate law has already had a dramatic impact.

Would elimination of civil service protection increase government efficiency? Probably not.

Guest contributors Sommer Engels, Andrew Mergen, and Justin Pidot write that dismantling ENRD will be disastrous for future administrations, the American people, and even for the Trump Administration.

Zeldin’s actions face a major problem: the Congressional Review Act doesn’t apply to California waivers.

Revisiting a key case in the history of the ESA

Paper #2 in Monograph Series

Apparently it’s “woke” to worry about excessive pollution in minority communities.

The action would mean full-blown warfare against all things climate.

Why is the Trump administration kneecapping the U.S. offshore wind industry while China becomes a global giant?

Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.

Here are five ways states can save climate policy despite Trump.

Trump and House Republicans are trying to ‘flood the zone’ when it comes to wrongly blaming California environmental regulations for the LA fires.