Regulatory Policy

Possible EPA Picks

Here are some of the names floating around in the media — from horrible to less bad.

Who will head EPA? Various lists of possible candidates have been circulating in the media. I’ve put together the names that have been mentioned in places like Politico and the Washington Post, along with the results of some very quick research. I’d appreciate  hearing from readers who may be familiar with some of these possible nominees.  Take this …

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What Does a Trump Presidency Portend for California’s Environmental Policies?

Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations

Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …

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Defending the Environment in Dark Times

Where do we go from here?

Yesterday’s election didn’t turn out the way many of us hoped. The results may put in danger much of the progress made over the past eight years in addressing environmental issues and even risk some earlier accomplishments. What’s done is done, however, and we need to think about how to move forward. The Bush years …

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Hanging in the Balance: The Future of Environmental Law

10 huge questions that will be answered today.

By tomorrow morning, we should know a lot more about the future of environmental law — maybe, whether it has any future.  We’ll certainly learn whether the U.S. will give up the fight against global warming.  Whichever way you vote matters! Here are ten key questions we will be able to answer 24 hours from now: …

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively …

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Obama’s Remarkable Environmental Achievements

When you look at the whole of his legacy, it’s a stunning record.

When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …

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The Environment and the Conservative Dilemma

Trump may shake up GOP’s anti-environmental coalition.

However this election comes out, conservatives face a major problem. As the ascendancy of Donald Trump shows, a substantial share of the GOP base – probably a majority — doesn’t care much about core conservative principles. Notably, Trump’s strongest allies, Rudy Giuliani and Chris Christie, do not have histories as staunch conservatives. This situation leaves …

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Guest Bloggers Alice Kaswan and Kirsten Engel: Untapped Potential: Emissions Reduction Initiatives Beyond Clean Power Plan Are Warranted, Workable

New Report Analyzes Potential for Further Emissions Reduction from Existing Sources

Guest post by Alice Kaswan (University of San Francisco School of Law), Kirsten H. Engel (University of Arizona School of Law) It’s been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of …

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Of Initiative Wars, Plastic Bags and Poison Pills

Deciphering California’s (Intentionally) Confusing Plastic Bag Propositions

California’s longstanding efforts to eliminate single-use plastic bags from the marketplace and the environment have finally reached California voters. The November 8th general election ballot contains a breathtaking 17 separate propositions–16 proposed initiative measures and one referendum measure.   Propositions 65 and 67 both deal with the same subject–a proposed ban on single-use plastic bags.  Those dueling measures …

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California’s Zero-Emission Vehicle Mandate In Need Of Reform

Long-term climate goals depend on addressing the current “glut” of compliance credits

California leads the nation in plug-in electric vehicle sales, with about 40% of the nationwide total happening in the Golden State. While some of that progress is related to the sheer market size here, much of it is due to state policies. And the biggest of those policies is the “zero emission vehicle” (or “ZEV”) …

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