Regulatory Policy

Guest Blogger Michael Panfil: Supreme Court Declines to Hear New York and Illinois Clean Energy Cases Challenging Zero Emission Credits

Cert. Denials Have Significant Implications for Environment, Human Health, and Clean Energy

States are on the leading edge in crafting pathbreaking climate and clean energy policy. They rely on longstanding authority to do so to further their citizens’ welfare and wellbeing. That bedrock authority recently received important reaffirmation from the Supreme Court, which last month declined petitions for review in two cases with important implications for power […]

Continue Reading

Law Schools and the Environment: East Coast Version

Environmental law centers aren’t just a California thing. .

Readers of this blog probably have some sense of what the environmental law centers at UCLA and here at Berkeley are doing. There are too many environmental law centers to do a a comprehensive nationwide survey, and trying to pick a top-10 list would be completely subjective. To keep this post manageable, I’ll only discuss […]

Continue Reading

Making Key Policy Decisions in Advance of Droughts

Part 6 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

It’s hard to respond effectively to a crisis when you don’t have clearly defined priorities.  This is true for sudden-onset crises, like floods and wildfires, and also for slow-onset crises, like droughts. My recent posts have explored why the State Water Resources Control Board (Board) should develop a contingency-based framework to support its drought decisions […]

Continue Reading

Governing New Biotechnologies for Biodiversity Conservation

Cover of "Genetic frontiers for conservation" from the IUCN

The fourth in a series examines how international institutions have responded

The previous two posts in this series described how and why genetically modified organisms (GMOs) could be introduced into wild populations, either “typically” modified ones that would transmit their altered genes ineffectively or those with “gene drives” whose changes would quickly propagate through the entire population. In both cases, their potential applications include helping conserve […]

Continue Reading

EPA’s Magic Disappearance Trick

The Trump EPA has come up with a way to hide hundreds of deaths in plain view.

According to press reports, EPA is preparing to ignore possible deaths caused by concentrations of pollutants occurring below the national ambient air quality standards (NAAQS). This is a key issue in a lot of decisions about pollution reduction.  For instance, there is no NAAQS for mercury, but pollution controls on mercury would, as a side […]

Continue Reading

Genetically Modifying Wild Populations

Gene drive inheritance. Image from the National Academies of Science, Engineering, and Medicine.

The third in a series examines powerful new gene drive tools

In my previous two posts, I introduced what I call first, second, and third generation genetically modified organisms: (1) GM bacteria for diverse, mostly indoor purposes; (2) GM crops and agricultural animals; and (3) GMOs that would be intentionally placed into natural environments, where they would live, reproduce, and transmit their modified genes to offspring. […]

Continue Reading

U.S. Supreme Court Declines to Revive Challenge to Oregon Clean Fuels Program

Legal Challenges to Oregon & California Vehicle Fuel Carbon-Intensity Standards Close to the End of the Line, Clearing Path Forward to Transformative Reductions in Greenhouse Gas Emissions from Transportation Sector

This past Monday, the U.S. Supreme Court denied review of a federal appeals court decision upholding the legality of Oregon’s Clean Fuels Program. That decision finally frees Oregon’s program from uncertainty from what was seen as a significant legal challenge. The program, modeled after the similar California Low Carbon Fuel Standard developed by the California […]

Continue Reading

Could Genetically Modified Organisms Help Conserve Biodiversity?

Oxitec GM mosquitoes are released in the Cayman Islands. Photo by Taneos Ramsay of the Cayman Compass.

The second in a series examines GMOs intentionally released into the wild

Last week, I introduced what I call “first generation” genetically modified organisms (GMOs) – altered bacteria for diverse, mostly indoor purposes – and “second generation” ones – GM crops and agricultural animals. Here, I describe third generation GMOs, which are those that would be intentionally placed into natural environments, where they would live, reproduce, and […]

Continue Reading

Developing a Decision-Support Framework for Curtailment

Part 5 in a Series on Improving California Water Rights Administration and Oversight for Future Droughts

During a drought, California’s limited water supplies should be allocated transparently, efficiently, and predictably in accordance with the priorities that flow from state and federal law.  But what does this mean in practice? What happens when there is not enough surface water to go around in a watershed?  California water rights law says that certain […]

Continue Reading

Genetically Modified Organisms Return to the International Policy Agenda

March Against Monsanto, Vancouver, May 25, 2013. Photo by Rosalee Yagihara, CC BY 2.0

This first in a series begins by looking back at GMOs and environmental law

Although the big news in international biodiversity this week was the release of the summary of the first global assessment from a relatively new UN-affiliated body, the topic of another report warrants attention as well. Yesterday the International Union for Conservation of Nature (IUCN) published its findings on “the potential positive and negative impacts of synthetic […]

Continue Reading