Regulatory Policy

Legal Analysis of CAISO Expansion

We don’t foresee changes to FERC jurisdiction or Commerce Clause validity

The California Independent System Operator — known as CAISO — is considering expanding its footprint to include Pacific Corp as a participating transmission owner.   CAISO recently commissioned a study that Professor William Boyd of the University of Colorado and I authored, in consultation with  Ethan Elkind  of Berkeley and UCLA and Sho Sato Professor …

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The Miracle Elixir for Economic Growth: More Pollution!

Trump claims allowing more water and air pollution will boost the economy through the stratosphere.

Is increased pollution the key to economic growth? Can we increase economic growth by dropping restrictions on air and water pollution and ramping up climate change? Donald Trump believes that the answer is yes – indeed, if that if we just get rid of those pesky environmental regulations, we can create 500,000 new jobs every year, …

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California Governor Jerry Brown Launches Initiative Effort to Achieve Climate Change Goals

Governor Brown Decides to Play Offense in High Stakes Political Battle Over Next Stage of State Climate Change Mitigation Efforts

One of 2016’s biggest political battles in California is over whether and how the state will pursue its ambitious climate change mitigation goals past the year 2020.  California’s landmark Global Warming Solutions Act–better known as AB 32–committed California to roll back aggregate state greenhouse gas emissions to 1990 levels no later than 2020.  Through the …

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The Libertarian Party and the Environment

The Libertarian Party platform leaves many open questions about environmental protection.

A number of people seem drawn to the Libertarian Party during this election cycle.  As it turns out, the Party believes not only in minimal government but a minimal platform.  Compared to the platforms of the major parties, the Libertarian platform is blessedly brief. (It also seems notably more purist than the Party’s presidential ticket.) …

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157 Days. . . And Still, Congress Has Not Acted

The President requested emergency funding to fight Zika on Feb. 22. Now the virus is starting to spread.

This just in from the Washington Post: “Florida officials on Friday announced the first local spread of Zika virus through infected mosquitoes in the continental United States. “Gov. Rick Scott made the announcement during a press conference Friday after a health department investigation into four suspected cases in Miami-Dade and Broward counties.” On Wednesday, the FDA …

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Remember the Unitary Executive Theory? The GOP Platform Didn’t.

The platform casually blew off a key conservative belief.

The Republican platform contains a fascinating sleeper provision. It proposes to “transform the EPA into an independent bipartisan commission, similar to the Nuclear Regulatory Commission.” What makes this proposal so interesting is that it violates what used to be a core tenet of conservative belief: the unitary executive doctrine. Under the unitary executive doctrine, independent agencies …

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Pence’s Environmental Record

Pence is strongly anti-environmental — but there’s one notable recent deviation.

In some ways, Mike Pence is just what you’d expect of the GOP vice-presidential candidate.  He’s said that the climate change is a myth, opposed the Clean Power Plan,defended fossil fuels, and allowed a bill to end Indiana’s energy efficiency program to become law. In Congress, he voted to allow destruction of critical habitat for endangered species, expand …

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Do water managers’ perceptions influence innovation?

New survey probes the innovation deficit

Climate change and population growth are rapidly increasing stress on our water systems, challenging their ability to deliver critical services.  To respond to this, we need more than simple course adjustments in how we manage our water – we need entirely new paradigms that will improve resource efficiency and support more sustainable urban water systems. Considerable …

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The Slow Pace of Rulemaking

Rulemakings take a long time. We don’t really know what causes the delays.

A recent study by Public Citizen reports that it takes about 2.5 years to issue an economically significant rule, starting from the time the rule is first listed in the regulatory agenda. There are major differences between agencies – an economically significant rule takes EPA almost four years, rather than the 2.5 years needed by …

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Major Settlement Announced in Volkswagen Emissions Fraud Litigation

$14.7 Billion Civil Enforcement Settlement is a Victory for Consumers, Environmental Prosecutors

Federal and state environmental prosecutors today announced a proposed settlement of government civil enforcement litigation they’ve pursued against Volkswagen in response to the automaker’s acknowledged efforts to cheat federal and state auto emission standards and defraud consumers.  The complex settlement, lodged with the assigned U.S. district court judge in San Francisco, requires Volkswagen to pay …

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