Regulatory Policy
Using Emergency Powers to Fight Climate Change
If Trump can stretch emergency powers, maybe they can be used for other purposes too.
Could a future President invoke emergency powers against climate change? Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There’s no doubt that this would be far more legitimate than Trump’s wall effort. Border crossings …
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CONTINUE READING2019 California Water Law Symposium Set for February 2nd in San Francisco
This Year’s Edition of the Award-Winning Event Focuses on Groundwater Management
The 15th Annual California Water Law Symposium will convene on Saturday, February 2, 2019. This year’s Symposium venue is the UC Hastings College of the Law in downtown San Francisco. The theme of next month’s Symposium is California groundwater, with a focus on implementation of the state’s landmark 2014 legislation, the Sustainable Groundwater Management Act (“SGMA”). The Water Law …
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CONTINUE READINGRegulatory Review in Anti-Regulatory Times: The Trump Administration
Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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CONTINUE READINGNew CEQA SB 743 Transportation Guidelines Finally Finalized
Critical revisions will be discussed at March 1st Conference in Los Angeles — register now!
It took five years, but California has finally ditched an outdated and counter-productive metric for evaluating transportation impacts under the California Environmental Quality Act (CEQA). With the guidelines finalized on December 28th, a mere half-decade since the passage of SB 743 (Steinberg) in 2013, the state will ditch “auto delay” as a measure of project …
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CONTINUE READINGThe Thin Gray Line
Few people understand the role that the bureaucracy plays in keeping us safe.
“Bureaucrat” is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks — risks ranging from nuclear contamination to climate change to …
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CONTINUE READINGAssessing–and Celebrating–California Governor Jerry Brown’s Environmental Legacy
Governor Brown Easily Ranks as the Top Environmental Governor in State History
Don’t it always seem to go That you don’t know what you’ve got `Til it’s gone –Joni Mitchell (“Big Yellow Taxi”) On this, the last day of Jerry Brown‘s tenure as California’s governor, it’s appropriate to reflect on Governor Brown’s environmental legacy. And a most formidable legacy it’s been. Brown has, quite …
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CONTINUE READINGTrump’s Theory of Law
He probably doesn’t know he has a theory, but he does. It’s shaping his deregulatory agenda..
OK, using the word “theory” in connection with Trump may seem like a stretch. But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified …
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CONTINUE READINGThe Curious Case of EPA’s Mercury Cost-Benefit Decision
What, exactly, is EPA up to by changing the underlying analysis of the Mercury and Air Toxics Standard (known as the MATS rule), as it announced yesterday? Is it the first step in gutting the use of cost-benefit analysis to support strong environmental regulations? Is it a gift to Murray Energy in its lawsuit seeking …
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CONTINUE READINGSeven Bright Spots of 2018
Even in bad times, some things move in the right direction.
Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points, but if you want more detail, I’ve added links to relevant earlier blog posts at the end of this post on the website. Scott Pruitt. Pruitt resigned under fire. While his successor may …
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CONTINUE READINGTo Be or Not to Be an Energy Utility
Questioning the continued existence of California’s largest energy utility
What can we do to ensure the safety of the massive electric and natural gas delivery systems that we rely on every day? Eight years after the horrific explosion and fire stemming from one of the Pacific Gas and Electric Company’s (PG&E’s) natural gas pipelines in San Bruno, California, the state’s legislators and utility regulators …
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