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California

The Electric Grid Confronts the Dormant Commerce Clause

by Sam Kalen & Steven Weissman Many modern energy dialogues gravitate toward a conversation about the present status of the jurisdictional divide between state and federal authority over the regulation of wholesale sales of energy.  A March 3, 2017 Bureau of National Affairs (BNA) article began by observing how the utility industry believes the biggest

The Case for Cap-and-Trade: California’s Battle for Market-Based Environmentalism

Theodore McDowell* This post is part of the Environmental Law Review Syndicate (ELRS).  The California Cap-and-Trade program has been a beacon of success for market-based environmentalism. The program masterfully incorporated the lessons learned from previous cap-and-trade initiatives by more precisely allocating emission allowances and by setting higher price floors for auctions. The ambitious emissions reduction target

Nov 08, 2017

The SB 32 Scoping Plan Update, Waivers, and ZEVs

Garrett Lenahan This post is part of the Environmental Law Review Syndicate (ELRS).  I. Scoping Plan Background Two prominent pieces of Californian legislation that seek to address climate change are Assembly Bill 32 ("AB 32") and Senate Bill 32 ("SB 32"). AB 32 required California to reduce its greenhouse gas ("GHG") emissions to the 1990 level

From the Well Up: A California CALIFORNIA COUNTY CONFRONTS FRACKING AT THE POLLS

Malia McPherson Malia McPherson is a 3L at Stanford Law School. This post is part of the Environmental Law Review Syndicate. Introduction On November 4, 2014, the voters of San Benito County passed Measure J, a voter initiative banning hydraulic fracturing (‘fracking’) and all other high-intensity petroleum operations within county lines. Under California law, only a

Dec 18, 2015