Regulatory Policy
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 …
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CONTINUE READINGMaking 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 …
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CONTINUE READINGGoverning New Biotechnologies for Biodiversity Conservation
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 …
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CONTINUE READINGEPA’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 …
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CONTINUE READINGGenetically Modifying Wild Populations
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. …
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CONTINUE READINGU.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
In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. This is third in that series. 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 …
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CONTINUE READINGCould Genetically Modified Organisms Help Conserve Biodiversity?
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 …
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CONTINUE READINGDeveloping 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 …
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CONTINUE READINGGenetically Modified Organisms Return to the International Policy Agenda
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 …
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CONTINUE READINGYou Can’t Fool All Of The People All Of The Time
California Cleans Trump’s Clock In Court
Sometimes judges can read: In its rush to delay, repeal and rewrite rules it considers unduly burdensome to industry, the administration has experienced significant setbacks in court. Federal judges have sided with California and environmental groups in cases concerning air pollution, pesticides and the royalties that the government receives from companies that extract oil, …
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