Transportation
The New NEPA: A User’s Guide
The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.
The National Environmental Policy Act (NEPA) was passed over fifty years. It created a new tool for environmental protection, the environmental impact statements, It also created the White House Council on Environmental Quality (CEQ), which issued guidelines of implementing NEPA in 1978. Lawyers will need to retool quickly because of recent changes. Here’s a roadmap …
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CONTINUE READINGNEPA and the Debt Deal
Will the permitting sections of the debt ceiling bill undermine environmental reviews?
Prior to the release of the text of the debt ceiling bill Sunday night, press reports had mentioned only a couple of provisions relating to environmental impact statements. It turns out there’s a lot more. The bill would make numerous changes in the statute governing impact statements, the National Environmental Policy Act of 1969 (NEPA). …
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CONTINUE READINGThe Revenge of the Lawyers
Economists ousted lawyers (and law) from their central role in the regulatory process. That’s changing.
As you’ve probably heard, the Biden Administration has proposed aggressive new targets for greenhouse gas emissions from new vehicles. That’s great news. One really important aspect of the proposal relates to the justification for the proposal rather than the proposal itself. Following a recent trend, the justification is based on the factors specified by Congress …
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CONTINUE READINGCan the New Climate Laws Transform our Transportation Infrastructure?
The IIJA and IRA will spend a lot of money on transportation—but whether they’ll create fundamental change in our infrastructure or continue business as usual will depend on how that money is used.
This is the last in our series of posts previewing the Emmett Institute’s 2023 Symposium, coming up on April 12. Check out the first post, introducing some of the big questions around the IIJA and IRA, the second post, on transmission infrastructure, and RSVP for the Symposium here! Transportation is one of the most complicated …
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CONTINUE READINGAchieving EV Battery Sustainability
CLEE issue brief looks back on 2022 EV battery supply chain milestones and forecasts 2023 decisions
Countries in key markets are accelerating their transportation decarbonization goals, which in turn is driving up demand for electric vehicles (EVs). Here in California, for example, the Air Resources Board approved the Advanced Clean Cars II rule in 2022, which establishes that all new passenger vehicles sold in the state must be zero-emission vehicles by …
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CONTINUE READINGNot Quite a “Windfall Tax”
SBX1-2 passes out of the California Senate… but won’t get Californians their money back.
As Californians endured staggering prices at the gas pump during the summer and fall of 2022—in excess of $2 higher per gallon than the national average—Governor Newsom accused oil companies of “rank price gouging” and vowed to put money back in Californians’ pockets. He announced a special session of the California Legislature to address the …
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CONTINUE READINGTop 5 Climate Reasons To Reduce Driving, Even With Electric Vehicles
Sprawl and EVs still have significant carbon costs
California and other jurisdictions have been moving to reduce vehicle miles traveled (VMT) as a climate solution. Yet some pro-sprawl interests question whether this is necessary, given the advent of electric vehicles. It’s fair to ask: if all vehicles are “zero emission,” do we really need to care any more about how much driving we …
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CONTINUE READINGNeed Quick Climate Solutions? Check Out Our “Climate Break” Podcast
Berkeley Law production also airing every Thursday on NPR-affiliate KALW in San Francisco
Climate change news is often quite depressing, with frequent stories on the science and ever-worsening impacts. What gets lost in this otherwise important coverage is the amazing and inspiring tales of innovation and solutions happening all around us, in every sector and walk of life. That’s why Berkeley Law’s Center for Law, Energy and the …
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CONTINUE READINGCongressional Cancel Culture
Once again, the Congressional Review Act rears its ugly head.
The Congressional Review Act (CRA) provides a fast-track process for canceling regulations if they hit an ideological nerve or offend a powerful special interest. Congressional Republicans are busily trying use it to cancel environmental regulations. Earlier this month, the target was a regulation encouraging pension managers to consider the impact of climate risks on their …
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CONTINUE READINGThe Buildout Begins
New billion-dollar factories to produce EVs and their batteries are popping up across the country, with important political implicationss.
There’s been a surge of new EV and battery manufacturing projects in the past year. According to NPR, “In 2022 alone, companies announced more than $73 billion in planned projects — more than three times the previous record, set in 2021.” We read a lot about the rapid expansion of EV and battery manufacturing. It …
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