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California Enacts Major Water Law Reform Legislation–But More Changes Are Needed

Legal Planet

The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. SB 389 is part of a broader initiative by the Legislature–and public interest groups–to reform and update California’s water laws.

Law 286
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When Is It Legal to Consider Race in Regulating?

Legal Planet

EPA isn’t a college and doesn’t regulate with the goal of increasing diversity. But depending on how far the conservative majority goes in its opinions, a color-blindness mandate would impact EPA. The more difficult question is posed by a regulation that does not itself refer to race but is partly based on considerations of race.

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Can We Use Regulation to Reduce Inequality?

Legal Planet

Inequality is a burning issue in our society but plays only a limited role in the design of regulations. I am skeptical, however, that agencies have statutory authority to choose regulations to maximize benefits to those communities, even assuming courts would not reject this on constitutional grounds.

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The Year in California Climate Laws

Legal Planet

These laws are an important step in the right direction. Oil and Gas Regulation One of the big success stories of 2022 was the end-of-session passage of SB 1137 (Gonzalez) , which established a 3,200-foot buffer zone between new oil and gas wells and sensitive receptors like schools, homes, and hospitals.

Law 251
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FWS Streamline ESA Voluntary Conservation Programs

National Law Center

The United States Fish and Wildlife Service (“FWS”) have issued a final rule to update the implementing regulations for Section 10. The post FWS Streamline ESA Voluntary Conservation Programs appeared first on National Agricultural Law Center.

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The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on New Natural Gas Connections

Law and Environment

Last week, the 9 th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy Policy and Conservation Act. Is prohibiting consumers from using gas appliances really not regulating the energy use of those appliances?

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Environmental Law Again Front-and-Center at California Supreme Court

Legal Planet

Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.

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