Legal Planet

OCTOBER 21, 2024

UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,” which has received attention in the Presidential election campaign. Political loyalists would take their place.

2025 130

2025 Politics Natural Resources Climate Change 130

PA Environment Daily

OCTOBER 12, 2024

Gene Yaw (R-Lycoming) announced plans to introduce legislation to prohibit municipalities from receiving Act 13 drilling impact fees if they set more protective standards on the development of natural gas than required in state or federal law and while a challenge to local restrictions is being litigated. Read more here. Read more here.

Natural Gas 109

Natural Gas Fossil Fuels Law 2019 109

Legal Planet

OCTOBER 13, 2022

The article quotes a range of economists and other climate policy experts to the effect that subsidies and regulations are superior to carbon pricing because they can address equity issues, and that they can move investment in decarbonization technology more quickly than carbon pricing. Politics is central in policy.

Politics 246

Politics Climate Change Fossil Fuels Technology 246

Legal Planet

AUGUST 18, 2022

One option, a tax on carbon dioxide emissions, gets the most attention but seems politically impossible. The closest we’ve ever come to a carbon tax is a limited fee on methane emissions under the new IRA law. If a carbon tax were politically feasible, there would be a lot to be said in its favor.

Fossil Fuels 278

Fossil Fuels Carbon Dioxide Politics Air Pollution 278

Legal Planet

OCTOBER 25, 2021

Cost-benefit analysis is required for all major regulations. A: A few laws explicitly require cost-benefit analysis or at least something along those lines. Those laws are a minority. Q: How does an agency determine the cost of a regulation? Economists as well as OIRA would count that as a benefit of the regulation.

Carbon Monoxide 306

Carbon Monoxide Regulations Law Conservation 306

Legal Planet

JANUARY 2, 2023

As a second benefit, they claim to be engaged in political symbolism, trying to disrupt a stuck debate over effective climate responses and get people to talk about solar geoengineering – of which stratospheric aerosol injection is the most promising method being discussed. This activity cannot have any significant global climate effect.

Cooling 364

Cooling Atmosphere Regulations Government 364

Legal Planet

AUGUST 21, 2024

A decade ago, California stood out–and not in a good way–as the only Western state without comprehensive state laws monitoring and regulating groundwater pumping and use. In the fall of 2014, the Legislature enacted and Governor Brown signed into law the Sustainable Groundwater Management Act (SGMA).

Law 246

Law 2014 Politics 2030 246

Legal Planet

JUNE 20, 2022

Equity weighting can make a big difference in assessing regulations that heavily benefit disadvantaged communities. Equity weighting thus has the potential to make regulation much more progressive. Hence, the regulation is likely to be a bad deal for the poor unless the benefit to them is larger than the cost.

Regulations 246

Regulations Politics Conservation Law 246

Legal Planet

JULY 11, 2022

As we all know, the West Virginia case involved the Obama Administration’s signature climate change regulation, the Clean Power Plan. The Court rejected the regulation on the basis of the major questions doctrine. A: Roberts focuses on four factors in determining whether a regulation involves a major question. .

Politics 264

Politics Regulations Law Climate Change 264

Legal Planet

MARCH 16, 2023

A special focus of the Commission’s deliberations will be whether and to what extent California’s most important and overarching environmental law is impeding efforts by the Legislature and Governor Newsom to address the state’s chronic and well-documented housing crisis. Enter CEQA.

Politics 277

Politics Law Government Regulations 277

Legal Planet

FEBRUARY 20, 2023

Here’s an embarrassing confession: Though I had taught environmental law for 25 years at that point, I had never heard of section 111(d) until it was discussed as possible tool to limit carbon emissions. I would have voted to uphold the regulation as a reasonable if not necessary way to accomplish the statute’s purpose.

Carbon Emissions 246

Carbon Emissions Regulations Politics Law 246

Legal Planet

AUGUST 6, 2023

Last week, the California Supreme Court unanimously ruled that an initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. But the good news is that this goal can still be achieved through other legal and political strategies.

Law 130

Law Fossil Fuels Renewable Energy Regulations 130

Legal Planet

OCTOBER 20, 2021

A big court ruling in California land-use law happened last month – and it has really large implications for the state’s efforts to address California’s housing crisis. Instead, I want to discuss the question of whether the state can even constrain local government regulation of land-use in California.

Regulations 130

Regulations Government Law Politics 130

Clean Energy Law

FEBRUARY 27, 2024

On 5 February 2024, the European Parliament and Council of the EU announced that they had reached a provisional political agreement on the text of the ESG Ratings Regulation (the Regulation). The agreed text was subsequently published on 14 February 2024. Refer to this Latham blog post for previous commentary on the proposal.

Regulations 130

Regulations 2024 Politics 2023 130

Circle of Blue

JULY 14, 2022

Utah regulators have identified high numbers of toxin-producing algae in the southern reaches of Utah Lake , a water body notorious for summer algae outbreaks. California regulators passed an emergency order in June that took small steps to address the supply-demand imbalance. 4) Drought Is Political. 3) Cutbacks Are Inevitable.

Atmosphere 352

Atmosphere Regulations Politics Electricity 352

Union of Concerned Scientists

JULY 9, 2024

If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. When facilities emit less pollution, their regulations require less specific record-keeping and monitoring.

Toxic Substances Control Act 294

Toxic Substances Control Act Air Pollution Regulations Clean Air Act 294

Legal Planet

JULY 29, 2021

UCLA Professor of Law William Boyd. William Boyd is Professor of Law and Michael J. Klein Chair in Law at UCLA Law, with a joint appointment as Professor at the UCLA Institute of the Environment and Sustainability ; Alex Wang is Professor of Law at UCLA Law. UCLA Professor of Law Alex Wang.

Law 246

Law Climate Change Carbon Dioxide Deforestation 246

Legal Planet

SEPTEMBER 19, 2021

The California Legislature recently enacted, and Governor Gavin Newsom last week signed into law, two major housing reform measures. SB 9 and SB 10 represent California’s most transformative new housing laws in decades, and are a belated but welcome legislative response to the state’s longstanding housing crisis.

Law 147

Law Government Air Pollution Politics 147

Legal Planet

JULY 1, 2022

The law will affect just about every type of plastic packaging you see walking down the supermarket aisle in California, and it’s a major step in the fight to reduce plastic waste, over 90 percent of which does not get, and much of which cannot currently be, recycled.

Recycling 283

Recycling Waste Law 2019 283

Union of Concerned Scientists

JULY 8, 2024

To be clear, under Chevron, judges were advised to defer to agency experts on technical issues if their interpretation of the law was, in a specific judge’s view, “reasonable.” That means virtually every regulation on private action intended to serve the public good will be delayed, delayed, and delayed. Deregulation successful!

Environmental Protection 293

Environmental Protection Regulations Conservation Law 293

Legal Planet

AUGUST 22, 2023

States and local air quality regulators have the legal authority to set particulate matter (PM), ozone, and nitrogen oxides (NOx) emissions standards and adopt regulations for these pollutants when they are already in attainment of the national ambient air quality standards ( NAAQS ) set by the U.S.

Regulations 130

Regulations Ozone Air Pollution Clean Air Act 130

Legal Planet

FEBRUARY 24, 2025

Although the South Coast Air Quality Management District (SCAQMD) has existing regulations intended to control fugitive dust emissions, outdated dust mitigation measures and inconsistent enforcement have left communities like Sun Valley without adequate protection. We look forward to this bill heading to committee after 30 days.

Recycling 130

Recycling 2006 Technology Technology 130

Law Columbia

MARCH 10, 2025

The UNGA requested the ICJ render an opinion on the following questions: (a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gasses (GHG) for States and for present and future generations?

Climate Change 90

Climate Change Paris Agreement 2024 Law 90

Union of Concerned Scientists

FEBRUARY 29, 2024

Their omnipresent influence on national politics and international negotiations has trapped consumers in a fossil fuel-dependent system and threatens to delay climate action even further, with the most severe consequences for those already in the most vulnerable situations. What role does science play in climate advisory opinions?

Climate Change 244

Climate Change Fossil Fuels Law Government 244

Union of Concerned Scientists

SEPTEMBER 22, 2022

It is important to acknowledge this oversight in Carson’s work, and in the subsequent regulatory infrastructure designed to regulate chemicals, and to commit ourselves to do better in today’s world by working to identify and address these environmental injustices. And yes, they really were that hyperbolic.

Toxic Substances Control Act 326

Toxic Substances Control Act Regulations Government Technology 326

Legal Planet

MAY 9, 2022

Emissions trading systems are often launched with relatively lenient design features, typically justified as giving the system a chance to “learn-by-doing” and to gain political buy-in for approval of a program. – Continual reform to improve ambition, integrity, and buy-in. Most ETS have fallen on the prices-too-low side.

Government 241

Government Politics Climate Change Paris Agreement 241

Legal Planet

AUGUST 26, 2021

The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. EPA , the Obama Administration issued a series of regulations dealing with greenhouse gases.

Clean Air Act 246

Clean Air Act Endangered Species Act Regulations Air Pollution 246

Circle of Blue

NOVEMBER 1, 2021

In the Nile River basin last week, a political power shift in Sudan could turn up the heat on a long-simmering dispute over a major dam in the region. The proposed amendment is a brief but powerful statement of principle, according to John Dernbach, a law professor at Widener University Commonwealth Law School.

2021 278

2021 Electricity Environmental Protection Politics 278

New Scientist

SEPTEMBER 20, 2023

After years of political wrangling, wide-ranging online rules are about to become UK law - but complying with and enforcing the regulations won't be easy

Law 100

Law Politics Regulations 100

Union of Concerned Scientists

APRIL 16, 2024

Texas went first in 2005, with a law called SB 20. The law authorized the creation of new transmission to serve “renewable energy zones” and a process to identify and select such zones. Nevada adopted a law called SB 448 in 2021, directing utilities to build transmission that meets state goals.

Electricity 254

Electricity Renewable Energy Clean Energy Law 254

Environment, Law, and History

OCTOBER 6, 2020

A recurring theme in scholarship on environmental regulation is the roots of the American approach to environmental regulation , and to what extent this approach is exceptional. Two embedded, entwined, and exceptional American institutions—broad private property rights and competitive federalism—are necessary for explaining this shift.

Law 98

Law Climate Change Government Natural Resources 98

Legal Planet

DECEMBER 20, 2022

Now the Terner Center has a report on discussions with developers revealing that we still have quite a long way to go to make the law work as intended. But localities can deal with their own regulations.). As former Secretary of State George Shultz said of American politics: It’s Never Over. And a lot will be litigated.

Government 246

Government 2018 Regulations Law 246

Law and Environment

JUNE 16, 2021

The post TCI Update: Final Model Rule Addresses EJ, but Political Will May Be Lacking first appeared on Law and the Environment.

Politics 130

Politics Carbon Emissions Clean Energy Greenhouse 130

Union of Concerned Scientists

JULY 3, 2022

Instead, the Court has ruled that, though the agency can still regulate carbon emissions, it must do so narrowly and set standards solely based on options available at individual power plant facilities, such as efficiency measures to improve plant-level heat rates.

Climate Change 253

Climate Change Fossil Fuels Carbon Emissions Nitrogen Oxides 253

Union of Concerned Scientists

JANUARY 23, 2023

Do US environmental laws recognize “cumulative risks” and “cumulative impacts” as real and substantial? What policies or laws are possible right now to address cumulative risks and impacts? As quoted in our paper , Dr. Ellen Silbergeld says, “to regulate mixtures, the law must be changed.” How do you regulate complexity?

Regulations 232

Regulations Law Politics Air Pollution 232

Inside Climate News

AUGUST 4, 2023

New research finds fracking-industry exemption for 28 chemicals otherwise regulated by federal law. By Jon Hurdle For almost 20 years, U.S.

Regulations 98

Regulations Law Fossil Fuels Politics 98

Circle of Blue

JULY 6, 2021

Until better regulations are finalized, the easiest way to protect your water is through a filtration system. But dealing with chemicals seems more complicated for regulators. I think that the only way we can reduce exposures, we need better regulation and in some cases that may mean that we need new laws,” Birnbaum said.

Waste 312

Waste Regulations Climate Change Environmental Protection 312