Transportation

California’s Most Important Climate Bill You Haven’t Heard Of

Parking reform on Gov. Newsom’s desk could deliver major environmental & equity wins

It took a decade, but the California legislature has finally delivered to the governor one of the most critical climate and equity bills in the country. No, it’s not mandating carbon neutrality or increasing renewable energy. It’s finally ending local mandates that all new housing and infill projects must include car storage, even if they’re …

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Does the New Climate Law Expand Regulatory Authority?

It’s not the game changer some people think, but IRA could help in several ways.

There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA.  The answer to that is probably “no.”  However, some IRA provisions will help lawyers  defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …

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New Frameworks to Address Vehicle Travel Impacts

CLEE report proposes banking and exchange strategies for CEQA mitigation

When Caltrans and other state and local agencies build or approve projects that increase car traffic, state law requires them to mitigate those impacts. A new report from CLEE proposes development of state and regional programs that would allow these agencies to mitigate by investing in offsite bike lanes, bus-only lanes, transit passes, and other …

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IRA’s Impact

The new law is a Big Deal. Or more precisely, a REALLY Big Deal.

IRA, the Inflation Reduction Act, is clearly the biggest climate legislation ever passed in the United States.  The law will provide  $379 billion in subsidies to clean energy in the form of direct payments and tax credits. Subsidies aren’t the ideal way to cut emissions, because it’s impossible to target them to the precise behavioral …

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A Great Day for Climate Policy

A short video explainer of why passage of the IRA bill is such a big deal.

We all have something to celebrate with the House passage of the IRA on Friday. Getting it passed required some difficult compromises, but the bill represents a major step forward.  Because of the Mar-a-Lago search, it hasn’t gotten nearly as much attention as it deserves. If you don’t have time for a lot of details, …

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The Major Money Doctrine 

Senate passes biggest climate legislation ever.

In June, the Supreme Court trimmed EPA’s power to regulate greenhouse gases. The Court used the “Major Question Doctrine,” which says that issues of “vast political and economic significance” must be decided by Congress.  Senate Democrats gave their response on Sunday: the Major Money Doctrine. They passed the Inflation Reduction Act (IRA), which provides over …

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Climate Change and the Major Question Doctrine

Just because a regulation involves climate change, that doesn’t make it a major question.

Red State AGs are preparing to go to town with the West Virginia case. They seem to think that everything involving climate change automatically becomes a major question. That’s simply wrong. The doctrine is more nuanced. Recall that the Supreme Court struck down OSHA’s vaccine mandate, essentially on major questions grounds, but the majority found …

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After the Court Rules: Gaming out Responses to a Cutback in EPA Authority

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …

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Making Electric Vehicles More Accessible for Lower-Income Californians

New policy report on solutions to improve equity in EV deployment | Webinar May 24

Join us for a webinar to discuss the report findings and EV equity solutions with state, local, and industry leaders on Tuesday, May 24 at 1pm PT. RSVP here. Today, the Center for Law, Energy and the Environment (CLEE) at Berkeley Law and the Emmett Institute on Climate Change and the Environment at UCLA Law …

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Responsible EV Batteries

Building a supply chain that drives electrification while advancing human rights and environmental protection

On April 4, the Intergovernmental Panel on Climate Change (IPCC) released the mitigation chapter of its Sixth Assessment Report (view the full report here). The report’s diagnosis is stark—the window to address climate change is narrowing, and more quickly than we realized. Governments need to deploy mitigation actions rapidly to address the scale and urgency …

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