article thumbnail

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.

article thumbnail

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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.

article thumbnail

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?

article thumbnail

2022 Election: Water Regulation and Spending Punctuate State and Local Ballots

Circle of Blue

Groundwater regulation, legal rights to clean water, and spending measures highlight this election cycle. Voters in parts of Cochise and Graham counties will decide whether to join the state’s more populated districts and regulate groundwater extraction. Local Regulation. Photo © Keith Schneider / Circle of Blue.

article thumbnail

Supreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property

Legal Planet

Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes. Briefly, Cedar Point Nursery involves an agricultural industry challenge to a regulation enacted by California’s Agricultural Labor Relations Board.

article thumbnail

Industry hybrid regulation: Exploring a model for business-driven circular economy

Environmental News Bits

“Industry hybrid regulation: Exploring a model for business-driven circular economy.” ” Resources, Conservation & Recycling Advances, 21, 200205. Alternatively, firms can volunteer to proactively take collective action toward sustainability, called industry self-regulation. Chapardar, H.