Regulatory Policy
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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CONTINUE READINGThe 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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CONTINUE READINGCalifornia 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 …
CONTINUE READINGThe 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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CONTINUE READINGU.C. Davis to Host Conference Commemorating California Air Resources Board’s 50th Anniversary
CA Governor Jerry Brown, former USEPA Administrator Gina McCarthy, CARB Chair Mary Nichols Featured
On Friday, January 19, 2018, the University of California, Davis, will host a major conference commemorating the California Air Resources Board’s 50th anniversary. The conference represents a three-way partnership between UCD School of Law’s California Environmental Law and Policy Center, UCD’s Institute for Transportation Studies and CARB. Since its creation in 1967, CARB has been …
CONTINUE READINGThe Federal Government Has *Always* Shaped the Energy System
Obama was criticized for intruding the federal government into energy policy. But that’s nothing new.
To hear some of the debate, you’d think that the Obama Administration breached some longstanding barrier that left energy policy to the states and the market. If there ever was such a barrier, it disappeared over a century ago, with the onset of World War I. Ever since then, the federal government has been actively …
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CONTINUE READINGWetlands, WOTUS and California
California Regulators Can and Should Adopt Strong State Wetlands Protection Rules
For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …
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CONTINUE READINGOf Dreamliners and Drinking Water
Michael Kiparsky and Christian Binz
As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing …
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CONTINUE READINGRenewable Energy in the Mountain West: A Tale of Two States
Wyoming and Colorado are very different places — but renewables are thriving in both states.
Politics play an important role in determining the fate of renewable energy in particular places, but so does economics. The Trump Administration is trying to shift the economics, but it seems unlikely they’ll be able to have much impact. For now, at least, there are a variety of motivations for states to embrace renewables, as …
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CONTINUE READINGForeseeable Yet Lamentable: Pruitt’s Attack on Carbon Restrictions
As expected, the Trump Administration is trying to repeal Obama’s regulation.
Few things were more foreseeable than a repeal of the Clean Power Plan (CPP) by the Trump Administration. The Clean Power Plan had three strikes against it: (1) it addressed climate change; (2) it disfavored coal and promoted the use of renewable energy in electricity generation; and (3) it came from the Obama Administration. The …
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