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California

Recommendations for Complying With Ballona Wetlands’ Definitive Rejection of “Converse-CEQA” Analysis

On March 21, 2012, the California Supreme Court denied the petition for review and requests for depublication of the Second District Court of Appeal’s opinion in Ballona Wetlands Land Trust et al. v. City of Los Angeles. ...

California and the U.S. Department of Energy Take Action to Smooth the Way for Renewable Projects.

Policymakers at both state and federal levels are likely to continue their efforts to promote renewable energy development in ways both large and small. However, as with
the current set of legislative and regulatory changes, how...

Regulating Greenhouse Gases at the State Level: California's Self-Inflicted Burden

As lawmakers debate the best way to confront the issue of global warming, it is becoming clearer that the issue may be one of this generation's most important policy decisions. Despite increasing public awareness of the perceived...

Garamendi's Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower...

Where Federalism and Globalization Intersect: The Western Climate Initiative as a Model for Cross-Border Collaboration Among States and Provinces

Editors' Summary: This Article explores the legal and practical issues that arise where globalization and federalism intersect. A number of states and provinces in the western part of North America have joined together to reduce...

The Last Stand of the Wild West: Twenty-First Century Water Wars in Southern California

Editor's Summary: In 2003, the Imperial Irrigation District (IID) of California agreed to transfer water from rural Imperial County to urban southern California cities as part of a quantitative settlement agreement (QSA). The Colorado...

Foreign Affairs Federalism: The Legality of California's Link With the European Union Emissions Trading Scheme

Editor's Summary: Last year, Tony Blair and Arnold Schwarzenegger signaled their commitment to join the United Kingdom and California in efforts to combat climate change. In this Article, Hannah Chang examines whether California can...

California, Climate Change, and the Constitution

Editors' Summary: Climate change, like many environmental challenges, is a global problem requiring local solutions. While the United States has of yet not passed meaningful legislation that addresses climate change, several U.S. states...

No Second-Class States: Why the California Exceptions in the Clean Air Act Are Unconstitutional

Editor's Summary: The U.S. Department of Transportation's new fuel economy rules for light trucks and sport utility vehicles are under fire, in part because the Bush Administration has taken the position that the new rules preempt the...

Species Protection Versus State Agency Autonomy: Who Wins Under the California Endangered Species Act?

Editor's Summary: States play an important role in protecting endangered and threatened species, particularly those that are listed only under state endangered species acts (ESAs). Much like the federal Endangered Species Act, many...