Regulatory Policy

The Paradox of Electricity Deregulation

This is one setting where “deregulation” is a lot more complicated than regulation.

You might think that deregulation means sweeping away regulations, which ought to make the law much simpler.  But the opposite is true in the electricity sphere.  The regulatory system in states taking the traditional fixed-price approach is actually much easier to understand than the so-called deregulation method. Instead of saying “deregulation” it would be better …

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Will Pruitt join Sessions In Expanding the Federal Government’s Attack on California?

California Vehicle Emissions Standards At Stake

It’s no secret that the Trump Administration has it out for California.  Attorney General Jeff Sessions just sued the state for its refusal to aid Immigration and Customs Enforcement in detaining undocumented immigrants.  Donald Trump just claimed that highly popular Governor Jerry Brown is doing a terrible job, despite Brown leading California out of a …

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Contentious California Beach Access Case Heads to U.S. Supreme Court

Longstanding Martins Beach Controversy May Well Capture Justices’ Attention

The U.S. Supreme Court’s 2018-19 Term is already shaping up as a big one for environmental law in general and the longstanding tension between private property rights and environmental regulation in particular.  The Court has already agreed to hear and decide two cases next Term raising the latter set of issues: one involves the question …

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Ensuring Public Access to California Waterways–In Plain Language

New California State Lands Commission Public Access Guide Required Reading for Coastal Enthusiasts

California residents are passionate about their coastal and inland waterways–and especially their ability to access and enjoy these natural resources.  It was concern over being “walled off from the coast” by private development that prompted California voters in 1972 to approve an initiative measure that created the California Coastal Commission and led to California’s Coastal …

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Commemorating the California Air Resources Board’s 50th Anniversary

Celebrating CARB’s Past Achievements; Charting Its Future Course

Recently, the U.C. Davis School of Law’s California Environmental Law & Policy Center hosted a major conference on the UCD campus commemorating the California Air Resources Board’s 50th anniversary.  The event, which drew nearly 400 attendees, was the result of a terrific, three-way collaboration between CELPC, UC Davis’ Institute of Transportation Studies and CARB.  (Here’s …

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Trump Administration Imposes Tariffs On Solar PV Imports

The expected blow for solar companies, consumers, and clean energy & climate advocates will likely bring a U.S. solar slowdown and prompt industry changes

Following up on a campaign promise to crack down on free trade policies, the Trump Administration today announced that they will be imposing tariffs on foreign solar photovoltaic (PV) panels. The tariffs will start at 30 percent in the first year and then decline to 25 percent in year 2, 20 percent in year 3, …

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One Year and Counting

He’s played his cards. Next year, we’ll see how well the other side plays theirs.

In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report …

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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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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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