Regulatory Policy

Accelerating Cost-Effective Green Stormwater Infrastructure: Learning from Local Implementation

A new Berkeley Law report

California decision makers focused on responding to the current drought might question whether stormwater deserves a slice of their attention right now. Although it might be tempting to relegate stormwater planning, management decisions, and infrastructure improvements to a back burner until drought concerns cool off, doing so would be counterproductive. Below, I explain why stormwater management is relevant …

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Clean Energy Data Legislative Briefing In Sacramento

Lunch event will be held on Tuesday, February 24th

UC Berkeley and UCLA Schools of Law will be hosting a free legislative lunch briefing next Tuesday on expanding access in California to clean energy data, the subject of the Knowledge is Power report that the law schools released last month.  The energy data could include improved customer access to long-term usage patterns, utility statistics …

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The Dietary Supplement Scandal

There are 65,000 dietary supplements on the market, and almost half the population uses at least one of them. Americans spent $13 billion on dietary supplements last year, according to the Washington Post.  There are disturbing indications that nearly all  that money is wasted — or to put it more bluntly, that the industry is essentially …

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Celebrating Four Decades of Energy Innovation: The California Energy Commission at 40

How California & the Commission Launched Their Acclaimed Energy Policy–& the Challenges That Lie Ahead

This month marks the 40th anniversary of California’s landmark Warren-Alquist Act, which created the state Energy Commission and triggered a transformation of energy policy in California, across the U.S., and abroad. This week an impressive group of energy policymakers, political leaders, energy scholars and Energy Commission alumni gathered at events in Sacramento and at the U.C. Davis …

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California’s Water Law Symposium–A Law Student Success Story

Students From Six Northern California Law Schools Collaborate in a Big and Unconventional Way

The 11th Annual Water Law Symposium was held last weekend at Golden Gate University Law School in San Francisco.  The event drew a standing-room-only crowd of water law scholars, practitioners and policymakers, who devoted the day to a thoughtful and lively examination of how California’s constitutional law doctrine of reasonable use affects all facets of …

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Solar Tariff Wars Heat Up

States that have helped boost rooftop solar installations through so-called net metering policies are beginning to scale back their subsidies under pressure from utilities.   As ClimateWire reported today (here’s the link but it’s behind a paid subscription wall), Hawaii’s largest utility has just proposed rolling back the state’s net metering policy, joining Arizona, California, …

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Zero Trash

Using the Clean Water Act to Control Marine Debris in California

This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from …

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Food: Too Much and Too Little

Actual malnutrition among American children (weight more than two standard deviations below normal) is rare in the U.S. Most of the estimates that I found range around 1%. Still, there are roughly 45 million children under 12 in the U.S., so 1% amounts to almost half a million children. Malnutrition seems considerably more common among …

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How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex …

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Justices To Rule on Whether Feds’ Depression-Era Agricultural Regulations Unconstitutionally “Take” Farmers’ Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term.  Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings …

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