Regulatory Policy

The California Supreme Court’s Most Important Environmental Law Decisions of 2017

CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket

As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its […]

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Everyday Christmas: The Gift of the Commons

Clean air. Clean water. We receive these public goods every day without payment.

Each day we receive benefits free of charge: the air we breathe, the clean, unpolluted water we depend on, the climate we live in. We get those regardless of whether we pay taxes or how much or how little we consume. In short, from the view of any one individual, these are freebies, gifts from […]

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California Doubles Down on Its Commitment to Reduce State Greenhouse Gas Emissions

California Air Resources Board Adopts New, Landmark Climate Change Scoping Plan

California’s Air Resources Board (CARB) has adopted a new 2017 Climate Change Scoping Plan, which is designed to extend and expand upon the state’s longstanding commitment to reduce California’s aggregate greenhouse gas (GHG) emissions.  This is a landmark achievement, one that moves California further down the road to a sustainable environment and economy. A bit […]

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The Roots of Regulatory Robustness

What makes regulations politically robust or fragile when Administrations change?

We’ve seen a lot of regulatory innovations in the past decade. Many are under attack, and that underscores the importance of understanding what makes some innovations more robust than others. I don’t have a general theory to offer about what gives some regulations more ability than others to withstand adverse political shifts. But it’s instructive […]

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U.C. Davis to Host Conference Commemorating California Air Resources Board’s 50th Anniversary

CA Governor Jerry Brown, former USEPA Administrator Gina McCarthy, CARB Chair Mary Nichols Featured

On Friday, January 19, 2018, the University of California, Davis, will host a major conference commemorating the California Air Resources Board’s 50th anniversary.  The conference represents a three-way partnership between UCD School of Law’s California Environmental Law and Policy Center, UCD’s Institute for Transportation Studies and CARB. Since its creation in 1967, CARB has been […]

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The Federal Government Has *Always* Shaped the Energy System

Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.

To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I.  Ever since then, the federal government has been actively […]

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental […]

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Of Dreamliners and Drinking Water

pipes

Michael Kiparsky and Christian Binz

As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing […]

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Renewable Energy in the Mountain West: A Tale of Two States

Wyoming and Colorado are very different places — but renewables are thriving in both states.

Politics play an important role in determining the fate of renewable energy in particular places, but so does economics.  The Trump Administration is trying to shift the economics, but it seems unlikely they’ll be able to have much impact. For now, at least, there are a variety of motivations for states to embrace renewables, as […]

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Foreseeable Yet Lamentable: Pruitt’s Attack on Carbon Restrictions

As expected, the Trump Administration is trying to repeal Obama’s regulation.

Few things were more foreseeable than a repeal of the Clean Power Plan (CPP) by the Trump Administration. The Clean Power Plan had three strikes against it: (1) it addressed climate change; (2) it disfavored coal and promoted the use of renewable energy in electricity generation; and (3) it came from the Obama Administration. The […]

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