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February 8, 2018

Water Law Students Visit the California Supreme Court

By Professor of Environmental Practice Rick Frank

On Tuesday, February 6th, I led my Spring 2018 Water Law students on a visit to the California Supreme Court to attend oral arguments in a major water law case pending before the justices. The Supreme Court session began with a warm welcome to our King Hall delegation from Chief Justice of California Tani Cantil-Sakauye, herself a proud King Hall alum. We then observed a lively hour of oral arguments, in a case in which the California building industry is challenging the State Water Resources Control Board's fee system adopted to finance the Board's statewide water pollution control program. The students observed the justices peppering the arguing attorneys with questions, and those attorneys demonstrating dramatically different styles of oral argument. This type of "experiential learning" outside the classroom is a most valuable part of my student's King Hall legal education.  And--also importantly--they had a thoroughly good time attending the California Supreme Court arguments.

 

 

January 24, 2018

14th Annual Water Law Symposium: “The Future of California’s Water Infrastructure”

By Richard Frank

On Saturday, January 20th, I had the opportunity to accompany a number of King Hall water law students to the 14th Annual Water Law Symposium, held this year at UC Berkeley. The symposium is an extraordinary collaboration among six different Northern California law schools--including King Hall. Remarkably, this annual event is wholly student-organized and -produced, and recently won an American Bar Association award as the best law student-organized event in the nation. It's also become California's premier water law conference.

The theme of this year's symposium was "The Future of California's Water Infrastructure"--a most timely topic given the 2017 failure of the Oroville Dam and other water-related infrastructure challenges. King Hall's contribution to the symposium took the form of organizing and presenting a panel on "The Challenges of an Evolving Climate: A Case Study of the Impacts of Wildfire on California's Water Infrastructure."

Special kudos to King Hall water law student Ellen Simmons '19, one of the organizers of the UC Davis panel at the Symposium. When one of the panelists was forced to cancel at the last minute due to a personal emergency, Ellen stepped up, assumed the panel moderator's role and performed flawlessly in that capacity. Similarly, King Hall faculty colleague Camille Pannu, Director of the Water Justice Clinic, graciously did double duty at the symposium: in addition to speaking on the King Hall-organized panel with Ellen, Professor Pannu pinch-hit for a UCLA Law School colleague who was unable to travel to UC Berkeley due to the Montecito mudslides and subsequent closure of Highway 101.

 

 

January 8, 2018

The California Supreme Court’s Most Important Environmental Law Decisions of 2017

[Cross-posted from Legal Planet.]

By Richard Frank

As 2017 comes to a close, let's take a moment to assess the California Supreme Court's most significant environmental law decisions of the year.

There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its civil docket to cases of interest to environmental lawyers, organizations and the regulated community.  With that caveat, here's my list-an admittedly subjective one-of the Court's five most important environmental decisions of 2017:

5. Lynch v. California Coastal Commission.   This regulatory takings case arose after a coastal storm destroyed a seawall built and maintained by coastal landowners in San Diego County.  The landowners sought a permit from the California Coastal Commission to rebuild the seawall.  The Commission granted the permit, but limited its term to 20 years in order to give the  Commission a future opportunity to assess whether sea level rise, increased intensity of coastal storms and other projected impacts of climate change warrant a different regulatory strategy prospectively.  The landowners then rebuilt the seawall and simultaneously sued the Commission, claiming the fixed 20-year permit term triggered a compensable taking of their property rights.  The Supreme Court unanimously disagreed, concluding that the landowners had forfeited their right to bring their regulatory takings claim when they proceeded to rebuild the seawall.  As Justice Carol Corrigan succinctly put it in her decision on behalf of a unanimous Court: "Plaintiffs obtained all the benefits of their permit when they built the seawall.  They cannot now be heard to complain of its burdens."

(The Lynch decision would have been even more significant had Court proceeded to address the merits of the property owners' takings claim.  Many observers had hoped the justices would use the case as a vehicle to determine how much latitude California land use agencies have to address and respond to the looming natural resource, economic and regulatory challenges presented by climate change.  Alas, that was not to be.  Nevertheless, Lynch establishes a forceful precedent that regulatory takings plaintiffs cannot have it both ways.)

4.  City of San Buenaventura v. United Water Conservation District  One of the many reasons modern California environmental law is so fascinating is that it draws upon-and inevitably intersects with-so many other areas of public law.  City of San Buenaventura is a prominent example.  The issue was whether a local water district's imposition of a "groundwater pumping charge" on well operators to fund regional water conservation measures violates two voter-enacted state constitutional provisions that limit the authority of state and local governments to collect revenue through taxes, fees and other charges.  Specifically, the City of Ventura, which pumps large amounts of groundwater to deliver to its residential customers, claimed that the district's pumping charge: a) contravened Proposition 218, which requires a vote of the electorate before a local agency can impose a tax, assessment or fee on property "as an incident of property ownership"; and/or b) violated Proposition 26, which similarly requires a public vote before a local government can assess many-but not all-levies, charges and exactions.  The Supreme Court unanimously ruled that Proposition 218 was inapplicable to the district's groundwater pumping charge and that the charge likely did not violate the provisions of Proposition 26.  (The justices did remand the case to the Court of Appeal to determine whether the city's allocated share of the conservation fees by the district "bear a fair or reasonable relationship to the [city's] burdens on, or benefits received from" the defendant water district's conservation programs.)

The City of San Buenaventura decision is significant for two interrelated reasons: many of California's groundwater basins are severely overdrafted, and state water managers are only now belatedly attempting to adopt remedial measures like the conservation efforts that the contested groundwater pumping charge is intended to address.  Second, the landmark Sustainable Groundwater Management Act (SGMA) passed by the California Legislature in 2014 requires local governments to organize into Groundwater Sustainability Agencies which are empowered to assess fees on groundwater necessary to fund the GSAs development and enforcement of Groundwater Sustainability Plans over the next few years.  City of San Buenaventura finds that these groundwater conservation efforts, properly implemented, do not require a popular vote before the GSAs and water districts generally assess the fees on groundwater users and pumpers needed to fund those conservation efforts.  That's a big deal.

3. California Cannabis Coalition v. City of Upland.  Like the City of San Buenaventura case, California Cannabis Coalition is not your typical environmental law case.  While it does arise in a burgeoning corner of California land use law-whether and to what extent local governments can ban marijuana dispensaries from their jurisdictions-the case involves the intersection of the aforementioned Proposition 218 (limiting the ability of local governments to increase taxes) and another key state constitutional provision: the scope of California voters' initiative power.  Specifically, the City of Upland had in effect a land use ordinance banning medical marijuana dispensaries.  Marijuana advocates proposed a local voter initiative to repeal that ban and require that dispensary owners pay the city an annual "licensing and inspection fee" of $75,000.  City officials refused to submit the initiative to the voters in a special election, concluding that Proposition 218 required that a vote on the initiative await take place in a subsequent general election.  The initiative proponents sued, claiming that the constitutional right of voters to utilize the initiative process trumps compliance with Proposition 218.  The Supreme Court agreed, ruling that Proposition 218 does not restrict the ability of voters to impose taxes via the initiative process.

As Legal Planet colleague Ethan Elkind noted in an earlier post analyzing California Cannabis Coalition, the decision has important consequences for a wide array of future land use, environmental and transportation projects.  He aptly observes:

"The potential result is that any citizen, nonprofit or business group that wants to place a special tax measure or fee on the ballot for something like a new school or transit line may only need a simple majority voter approval, provided they can get enough signatures for their measure.  And unless barred by some other law, I gather there's nothing stopping agency representatives or elected leaders in their individual capacities from sponsoring these campaigns in ways that essentially amount to the city, county, or agency sponsoring the measure themselves...

At a time when California is struggling to reduce emissions from the transportation sector due to growing commutes from the lack of housing and transit near jobs, this decision could be significant for finally allowing locals the flexibility they need to fund these investments. Under California Cannabis Coalition vs. City of Upland, local government finance for a host of environmentally significant projects, from parks to transit to infill housing infrastructure, may have just gotten easier to pass."

2. Friends of the Eel River v. North Coast Railroad Authority.  Continuing a pattern over the past decade, the California Supreme Court's most significant environmental law decisions in 2017 concerned the California Environmental Quality Act (CEQA).  Friends of the Eel River raised a CEQA issue not previously addressed by the justices: whether, and in what circumstances, CEQA is preempted by federal law.  The specific issue in Friends of the Eel River was whether CEQA's application to publicly-owned railroad projects in California is trumped by the federal Interstate Commerce Commission Termination Act (ICCTA).  In a 6-1 decision authored by Chief Justice Tani Cantil-Sakauye, the Court held that while CEQA's application to privately-owned railroad projects in California is preempted by ICCTA, CEQA continues to apply to at least some publicly-owned and operated railroad projects.

As I commented in an earlier post, the majority opinion in Friends of the Eel River is less than a model of clarity.  But it is unquestionably an important decision-especially with respect to CEQA's application to another, larger and more controversial public railroad project: California's High Speed Rail initiative.  And the question of federal preemption of CEQA's application to public railway projects is far from settled: the U.S. Court of Appeals has pending before it another CEQA preemption case involving...California's High Speed Rail project.  And federal regulators responsible for implementing the ICCTA have opined administratively that this federal law does indeed preempt CEQA.

1. Cleveland National Forest Foundation v. San Diego Association of Governments.  In my opinion, 2017's most consequential environmental law decision was another complex CEQA case.  Cleveland National Forest Foundation involved the adequacy of an environmental impact report prepared by the San Diego Association of Governments (SanDAG) in conjunction with that entity's adoption of a regional transportation plan for the San Diego metropolitan area.  That plan, in turn, was mandated under SB 375, landmark climate change legislation requiring unprecedented linkage between California transportation and land use planning efforts, with the overarching goal of reducing the state's aggregate greenhouse gas emissions.  (One of the many reasons this decision is so important is that it's the Supreme Court's first opportunity to address SB 375.)

As Legal Planet colleague Sean Hecht recounts in an earlier and more detailed post on the Cleveland National Forest Foundation decision,  the justices issued something of a split opinion.  On the one hand, the Court's 6-1 decision finds SanDAG's EIR to be legally adequate.  At the same time, the justices spend considerably time and effort discussing the overarching need of CEQA documents to make a thorough and good faith effort to address the impacts of climate change.  And the decision also makes clear that climate change analysis under CEQA is an evolving science-the depth and sophistication of climate change analysis required in a current CEQA document likely exceeds that of the 2011 SanDAG EIR.  Inasmuch as the intersection of climate change impacts and CEQA will be an increasingly crucial aspect of CEQA analysis prospectively, Cleveland National Forest Foundation is required reading for CEQA attorneys, planners and scholars.

(One postscript: in a sense, the most important California Supreme Court case of 2017 is the one the justices decided not to decide.  California Chamber of Commerce v. California Air Resources Board was a challenge to the legality of the Board's cap-and-trade program, a key element of CARB's multifaceted strategy to reduce California's greenhouse gas emissions.  Early in 2017, the California Court of Appeal in Sacramento rejected the regulated community's state constitutional challenge to CARB's cap-and-trade program, ruling that CARB's auctioning of GHG emission allocations is not a "tax" within the meaning of California's Proposition 13, and therefore not subject to the measure's two-thirds vote requirement by the California Legislature.  Industry petitioned the Supreme Court for review of that decision, but the justices denied review this past summer.  Had the justices agreed to hear the case, it would have kept CARB's cap-and-trade program under a cloud of doubt and political controversy.  But with the Court of Appeal's now-final decision upholding the constitutionality of the cap-and-trade program, that uncertainty was eliminated and a political consensus quickly emerged, allowing the state Legislature to reaffirm the cap-and-trade program and extend it through 2030 via a statute passed earlier this year.)

2017 demonstrates that the California Supreme Court remains the nation's most influential state court when it comes to environmental law and policy.

 

 

April 27, 2017

UC Davis School of Law Launches New Water Justice Clinic

(Cross-posted from Legal Planet.)

UC Davis School of Law has launched an exciting new Water Justice Clinic designed to advocate for clean, healthy and adequate water supplies for all Californians.  The new Clinic is a project of the Aoki Center for Critical Race and Nation Studies, in partnership with the  California Environmental Law and Policy Center, and will offer unique environmental justice advocacy opportunities for King Hall students.

Currently, over one million California residents lack access to clean, safe, and affordable drinking water.  An overwhelming percentage of those residents live in rural California, and represent communities of color.  The barriers to accessing clean water are not limited to environmental issues, and lack of access to water imposes a significant financial burden on low-income families, while also resulting in increased rates of obesity, shorter life expectancies and decreased learning outcomes for children.

However, very few rural legal services attorneys are able to litigate water law cases, and no legal services attorneys offer transactional legal support to these California residents.  King Hall's Water Justice Clinic seeks to fill that gap by identifying viable drinking water solutions and then implementing those solutions by providing transactional legal support to the affected low-income, rural communities.

Prominent environmental justice expert Camille Pannu has been recruited to lead the Water Justice Clinic as its inaugural director.  Pannu, a Berkeley Law alum, was passionate about environmental justice issues even as a law student.  After law school, Pannu worked on environmental justice cases for the Center on Race, Poverty & the Environment as an Equal Justice Works Fellow in the San Joaquin Valley.  Before coming to King Hall, she also clerked for District Judge Stefan Underhill in Connecticut and Ninth Circuit Court of Appeals Judge Richard Paez.

The overarching goal of the new Clinic is to insure that all Californians have access to clean, affordable and safe drinking water, primarily by strengthening rural community water systems.  The Clinic will also advocate for policies that fund needed improvements to those systems, address groundwater contamination, and ensure that rural voices are fully represented in future California water management decisions.

Recent headlines about the drinking water scandal in Flint, Michigan and--closer to home--the water crisis faced by East Porterville residents in the southern San Joaquin Valley have prompted action by California legislators and voters to confront those problems directly.  Proposition 1A on California's November 2014 ballot contained funding to provide assistance to California's disadvantaged communities, and King Hall's Water Justice Clinic is made possible by a three-year grant of Proposition 1A funds by the State Water Resources Control Board.  Indeed, the Clinic is the primary legal services provider among the organizations funded by these Proposition 1A grants.

Clinic Director Pannu reports that King Hall students will play a critical role in assisting these communities by enrolling in the clinical program each semester.  There they will partner with grassroots community organizations such as the Community Water Center, while also obtaining classroom training from Pannu in water justice and related issues.

April 13, 2017

A Field Trip to Bodega Bay

On Friday, April 7th, I had the opportunity to lead my King Hall Ocean and Coastal Law students on a field trip to the UC Davis Marine Biology Laboratory in Bodega Bay, California.  The Lab, founded by the University of California a half-century ago, is the site of pioneering marine science research by UC Davis faculty and graduate students who work at the Lab.

During our visit, my law students received an overview of the Lab's history and operations from UCD Professor and Marine Lab Director Gary Cherr.  We also heard substantive briefings from two post-graduate UCD researchers, who shared the status and findings of their marine science projects.  Director Cherr provided our group with an extensive tour of the Lab and surrounding area, which are part of a UC-owned marine reserve located on a spectacular peninsula extending into the Pacific Ocean on the Sonoma County coast.

Last week's field trip afforded our law students first-hand exposure to the marine science research that serves as much of the foundation of Ocean law and policy that they've been studying this semester at King Hall.  Additionally, it provides our students with invaluable exposure to scientists: learning to work effectively with experts from a variety of disciplines is essential to a successful environmental law practice--and an essential part of King Hall students' legal education.

March 17, 2017

Professor McAllister on the Puzzle of California's Climate Leadership

Professor Lesley McAllister recently blogged over at Environmental Law Prof Blog about last week's successful environmental law symposium at King Hall.

Here's an excerpt:

Last Friday, UC Davis School of Law's Environmental Law Society and the Environs journal held their 2017 Symposium, The Future of Climate Change Law & Policy: View to 2030.  It was an excellent event, with many great speakers and terrific attendance -- big congratulations to the student organizers: Sophie Wenzlau, Dane Jones and Jamie Katz!  Panels dealt with California's new SB32 (which updates AB32 by writing into law California's 2030 goal of reducing its emissions to 40% below 1990 levels by 2030); climate change and agriculture; zero emissions vehicles; and California's leadership in international climate law. 

A couple speakers on the final panel about international connections couldn't come at the last minute, so I and several of my colleagues were asked to step in. The panel went well, but I had one of those experiences that one should not have after more than 10 years of teaching and presenting on panels - I spoke for 9 (out of 10) minutes without getting to the point!  Of course, we all hate when professors do this!  I can only offer the excuse that I am out of practice, and I have been through a ridiculous amount of cancer treatment in the past three and a half years. But it was a shame because I really had some important knowledge that I wanted to convey, and I bombed it.

This blog post is my attempt at a re-do.  The very interesting and timely question that I wanted to address was how and why California has made so many international linkages in climate policy.  Everyone knows that California has been a climate change leader within the United States. But it may be forgotten that California has also been extremely active internationally, working with other subnational jurisdictions throughout the world.

To read the complete blog entry by Professor McAllister, see "The Puzzle of California's Climate Leadership" at Environmental Law Prof Blog.

 

December 30, 2016

A Festschrift for Lesley McAllister

UC Davis School of Law is proud to co-sponsor a festschrift for King Hall's own Professor Lesley McAllister.

Here is the invitation and program information from the Center for Progressive Reform. The event will take place next week in San Francisco, where many legal scholars will be attending the Association of American Law Schools (AALS) Annual Meeting.

Tickets are not required, but RSVPs are strongly encouraged. You can RSVP here.

***

Friends,

Please join us from 5:00-8:00 pm on Friday, January 6, 2017 as we close out the holiday reception season with an event that will expand your thinking, rather than your waistline. 

UC Davis law professor Lesley McAllister has made an indelible mark on the field of environmental law. Unfortunately, she has been fighting a rare form of lung cancer for several years. On January 6, by the sidelines of the AALS annual meeting, we are convening a forum of influential scholars who contributed to her work, are inspired by her work, and benefit from her work. We hope you'll come be a part of it.

Lesley McAllister has been a volunteer Member Scholar of the Center for Progressive Reform (CPR), for the past 8 years. CPR, founded over 15 years ago by a few law profs who taught environmental and workplace health and safety law, is an advocacy organization through which law scholars work together to bring their voices out of academia into the policy arena in support of protective regulation.  

This event to honor Lesley McAllister will take place at the UC Hastings College of Law, 200 McAllister Street, San Francisco, just a few blocks from the AALS annual meeting. It is not an AALS event, so you do not need a ticket to attend. It starts at 5:00 pm, with a light reception from 5:00-6:00 pm. An hour-long program (see below) follows, and then there will be a bigger (i.e. more food & drink) reception from 7:00-8:00 pm. 

The evening is generously co-sponsored by UC Davis School of Law and the University of San Diego School of Law.

You can RSVP here. Thank you and Happy Holidays!

Robert R.M. Verchick
Board President, Center for Progressive Reform
Gauthier-St. Martin Chair in Environmental Law, Loyola University New Orleans
Senior Fellow in Disaster Resilience Leadership, Tulane University

PROGRAM

Welcome

  • Rob Verchick, CPR President, Gauthier-St. Martin Eminent Scholar and Chair in Environmental Law, Loyola New Orleans University
  • Lesley McAllister, Professor of Law, UC Davis

Introductory Remarks   

  • Madhavi Sunder, Senior Associate Dean for Academic Affairs and Martin Luther King, Jr. Professor of Law, UC Davis
  • Orly Lobel, Professor of Law, University of San Diego

Panel

  • Climate Change & Cap and Trade: William Boyd, Professor of Law & John H. Schultz Energy Law Fellow, University of Colorado
  • Environmental Law in Developing Countries: Benjamin Van Rooij, Professor of Law, UC Irving
  • Private Regulation / 3rd party Auditing: Jodi Short, Professor of Law, UC Hastings

Concluding Remarks 

  • Daniel Rodriguez, Dean and Harold Washington Professor of Law, Northwestern University      
  • Robert Kagan, Prof. Emeritus of Political Science and Law, UC Berkeley.
  • Lesley McAllister

Please RSVP here.

November 4, 2016

California Environmental Law & Policy Issues Class Heads to Incline Village

On October 14, I led a field trip for my California Environmental Law & Policy Issues students to UC Davis' Tahoe Environmental Research Center at Incline Village. There they heard a series of presentations on Lake Tahoe Basin science, law and environmental policy relevant to their studies on Tahoe-related legal issues.

July 1, 2016

Faculty Scholarship: Legal Studies Research Paper Series, Vol. 18, No. 3

Faculty members at UC Davis School of Law publish truly unique scholarship that advances the legal profession. You can view their scholarly works via the Social Science Research Network (SSRN) Legal Scholarship Network. An archive can be found on this web page.

What follows here is the most recent collection of papers.

"The Racist Algorithm?" 
Michigan Law Review (2017 Forthcoming)
UC Davis Legal Studies Research Paper No. 498

ANUPAM CHANDER, University of California, Davis - School of Law
Email: achander@ucdavis.edu

Are we on the verge of an apartheid by algorithm? Will the age of big data lead to decisions that unfairly favor one race over others, or men over women? At the dawn of the Information Age, legal scholars are sounding warnings about the ubiquity of automated algorithms that increasingly govern our lives. In his new book, The Black Box Society: The Hidden Algorithms Behind Money and Information, Frank Pasquale forcefully argues that human beings are increasingly relying on computerized algorithms that make decisions about what information we receive, how much we can borrow, where we go for dinner, or even whom we date. Pasquale's central claim is that these algorithms will mask invidious discrimination, undermining democracy and worsening inequality. In this review, I rebut this prominent claim. I argue that any fair assessment of algorithms must be made against their alternative. Algorithms are certainly obscure and mysterious, but often no more so than the committees or individuals they replace. The ultimate black box is the human mind. Relying on contemporary theories of unconscious discrimination, I show that the consciously racist or sexist algorithm is less likely than the consciously or unconsciously racist or sexist human decision-maker it replaces. The principal problem of algorithmic discrimination lies elsewhere, in a process I label viral discrimination: algorithms trained or operated on a world pervaded by discriminatory effects are likely to reproduce that discrimination.

I argue that the solution to this problem lies in a kind of algorithmic affirmative action. This would require training algorithms on data that includes diverse communities and continually assessing the results for disparate impacts. Instead of insisting on race or gender neutrality and blindness, this would require decision-makers to approach algorithmic design and assessment in a race and gender conscious manner.

"Marriage Equality and its Relationship to Family Law" 
129 Harv. L. Rev. F. 197 (2016)
UC Davis Legal Studies Research Paper No. 499

COURTNEY G. JOSLIN, University of California, Davis - School of Law
Email: cgjoslin@ucdavis.edu

This Essay is a Response to Professor Douglas NeJaime's article Marriage Equality and the New Parenthood. NeJaime's piece offers critical new insights into the evolution of legal parenthood and its relationship to marriage. First, NeJaime shows how evolving protections for nonbiological parents served as stepping stones in the march toward marriage equality. Surprisingly, few scholars have acknowledged, much less carefully explored, this connection. Second, NeJaime uses his meticulous parentage case study to complicate our understanding of the extent to which this earlier parentage advocacy directly challenged marriage's privileged role in our society. Finally, NeJaime argues that this history suggests more progressive possibilities with regard to the future legal treatment of nonmarital children post-Obergefell.

After highlighting these three key contributions, this Essay makes two additional points. First, this Essay considers why this important story about parentage law and its relationship to marriage equality has attracted less attention than it deserves. Second, this Essay considers a critical possibility not addressed by NeJaime. NeJaime uses parentage law to show how Obergefell might facilitate, rather than foreclose, additional protections for nonmarital children. This Essay posits an even more radical proposition: it argues that marriage equality might open up progressive possibilities not just for nonmarital children, but also for nonmarital adult relationships.

"Preliminary Injunctive Regulation" 
Arizona Law Review, Vol. 58 (Forthcoming)
UC Davis Legal Studies Research Paper No. 497

ALBERT LIN, University of California, Davis - School of Law
Email: aclin@ucdavis.edu

Rapid technological changes pose serious challenges for the Environmental Protection Agency (EPA) and other regulators charged with protecting human health and the environment. These changes can result not only in significant harms, but also in the entrenchment of new technologies that can be difficult to undo should the need arise. In urgent circumstances, agencies often must act quickly, but they face an increasingly ossified rulemaking process. The Administrative Procedure Act's good cause exception to notice and comment rulemaking offers the most promising option for a swift and effective response. Empirical analysis of EPA's use of that exception demonstrates that, contrary to concerns regarding potential agency abuse, EPA has exercised restraint in invoking the exception. Going forward, EPA should consider more aggressive use of the exception to respond to urgencies resulting from rapid technological developments and environmental changes. In justifying an expedited approach, EPA can make explicit reference to congressional inaction on an issue, the generally protracted nature of contemporary rulemaking, and the particular delays that the agency has encountered in ordinary rulemaking.

"Interstitial Citizenship" 
Fordham Law Review, 2017 Forthcoming
UC Davis Legal Studies Research Paper No. 496

ROSE CUISON VILLAZOR, University of California, Davis
Email: rcvillazor@ucdavis.edu

We think of American citizenship as a binary concept. There is citizenship, which is acquired at birth or through naturalization, and there is non-citizenship accounting for everyone else. I argue that this understanding is woefully incomplete. Conventional framing of citizenship has overlooked a different type of political membership: American national status. American nationals possess some rights of citizenship, such as the right to enter and reside in the United States without a visa. Similar to non-citizens, however, they cannot vote or serve on the jury. Thus, the status of American nationals reveals that there are individuals who are neither citizens nor nor-citizens or "aliens." Instead, they have what I have coined "interstitial citizenship." Disrupting the citizen/alien binary, interstitial citizenship demonstrates that citizenship is far more flexible than previously thought. Indeed, it reveals that citizenship rights may be unbundled and conveyed to non-citizens. In this way, interstitial citizenship offers important legal and policy implications for contemporary debates on comprehensive immigration reform, including the question of whether to provide undocumented immigrants with a path to citizenship.

November 16, 2015

Environmental Law Conference 2015 at Yosemite

On October 22-25, I was joined by 20 current King Hall environmental law students in attending the California State Bar Environmental Law Section's annual Environmental Law Conference at Yosemite.  This was a record turnout of King Hall students at what is California's premier environmental law conference.  It provided this record number of King Hall students a fabulous opportunity to gain a comprehensive overview of California environmental law and policy; to enjoy the spectacular natural resources of Yosemite National Park; and to network with 500 of California's top environmental lawyers and policymakers.


Above: members of the UC Davis School of Law Environmental Law Society. Standing L-R: Laura Taylor, John Miller, Nick Moore, Andrea Abergel, Anne Badasci, Daniel Quinley, Randy Reck, Hank Crook, Ara Karamian, Kaitlyn Kalua, Sean Drake, Lindsay Moorhead, James Anderson, Amanda Saunders, Professor Rick Frank, Aaron Wilensky. Kneeling L-R: Meredith Hankins, Michel Wigney, Sophie Wenzlau, Laura Flynn, Victoria Bogdan Tejeda.

 


Above: Members of the UC Davis School of Law Environmental Law Society watch the sun set over the valley from one of the many Yosemite hiking trails. L-R: Laura Taylor, Anne Badasci, Hank Crook, Victoria Bogdan Tejeda, John Miller, Ara Karamian.