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Supreme Court ruling could jeopardize California's environmental rules

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Supreme Court ruling could jeopardize California's environmental rules


A recent U.S. Supreme Court ruling will probably pave the way for more legal challenges — and potential setbacks — for California’s groundbreaking clean air rules and myriad other federal environmental protections.

In a 6-3 decision last week, the Supreme Court overturned the so-called Chevron doctrine, a long-standing legal precedent that instructed U.S. courts to rely on federal agencies to interpret ambiguous laws. By invalidating the legal doctrine, the nation’s highest court has effectively stripped power from federal administrative agencies, such as the U.S. Environmental Protection Agency, and handed more authority to U.S. courts to independently decide whether newly enacted rules are consistent with federal law.

The six justices voting to overturn the deference rule were appointed by Republican presidents, including Chief Justice John G. Roberts Jr., who wrote the majority opinion. The decision was repudiated by Justice Elena Kagan, who dissented along with Justices Ketanji Brown Jackson and Sonia Sotomayor — all of whom were appointed by Democratic presidents.

Aggressive and impactful reporting on climate change, the environment, health and science.

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“What actions can be taken to address climate change or other environmental challenges?” Kagan asked. “What will the nation’s health-care system look like in the coming decades? Or the financial or transportation systems? What rules are going to constrain the development of A.I.?

“In every sphere of current or future federal regulation, expect courts from now on to play a commanding role.”

After years of political divisiveness and congressional gridlock, the U.S. EPA has been forced to use decades-old environmental laws to craft modern regulations to slow climate change and crack down on pollution from new industries. Legal experts say the ruling could have a chilling effect on ambitious federal rulemaking, which will now be subject to a federal judiciary filled with Trump appointees.

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This may also spell trouble for California’s ambitious rules for vehicle emissions, which have relied on Obama- and Biden-era interpretations of the Clean Air Act — a law last amended in 1990 that doesn’t even mention greenhouse gases.

With at least nine of California’s clean air rules awaiting EPA approval, the Supreme Court decision raises the stakes on the numerous court battles over the state’s zero-emission vehicle mandates and other emissions standards.

“While the courts are entitled to hear what the agency thinks, they don’t have to respect it,” said Julia Stein, deputy director for the Emmett Institute on Climate Change and the Environment at UCLA School of Law. “They’re open to adopt their own interpretation.”

The Supreme Court ruling could also have implications for the Clean Water Act, which regulates pollution into bodies of water.

The law applies to “navigable waters,” which has left uncertainty over whether habitats like wetlands and creeks are covered.

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The potential for federal courts to alter environmental rules underscores the importance of states having their own laws on the books, Stein said.

“We have our own statutory scheme in California applied very robustly by state agencies here at home,” Stein said about water regulation. “So even if something were to happen at the federal level, we have a very robust backup at the state level to manage that.”



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Your guide to Proposition 2: Education bond

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Your guide to Proposition 2: Education bond


Opponents of the bill include some low-wealth districts and advocacy groups that say the proposal does not go far enough in addressing the equity gap that benefits affluent school districts.

A recent report from the UC Berkeley Center for Cities + Schools found that districts in the wealthiest communities got $4,000-$5,000 more, per student, to modernize their facilities than districts in the least affluent communities. This is because districts receive a match based on what they can raise themselves. Districts with low wealth and property values are limited in the amount of a bond they can raise, while wealthy districts and large urban districts like Los Angeles and San Francisco can raise much more.

“We’re sending a message and a wrong message that some kids matter more than others,” said Lynwood Unified School District superintendent Gudiel R. Crosthwaite.

Public Advocates, a public interest law firm, had proposed a different sliding scale that would have given the lowest-wealth districts, such as Lynwood, a 95% match from the state with a 5% local contribution, while the richest districts would have received just a 5% match for a 95% local contribution.

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The firm has now threatened to sue the state based on the current proposal language, which they say violates students’ constitutional right to a high-quality education.



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California put up its fast-food wage to $20. Its governor is adamant it's not causing employment to fall.

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California put up its fast-food wage to $20. Its governor is adamant it's not causing employment to fall.


Since Gov. Gavin Newsom first announced plans to raise wages for fast-food workers in California, both restaurant chain executives and franchisees have warned about the impacts it could have on their businesses.

As well as having to raise menu prices, some critics of the legislation warned that the higher wages could lead to restaurants laying off some of their workers, or even closing down.

Despite intensive lobbying from the fast-food industry, the new wage of $20 an hour for quick-service chains with at least 60 locations nationwide went into force on April 1.

The California Business and Industrial Alliance certainly isn’t happy with the legislation. It took out a full-page ad in USA Today in early June featuring mock obituaries for brands it says were “victims” of the new minimum wage.

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The CABIA claimed in the ad that nearly 10,000 jobs had been cut between September, when Newsom signed the law, and January.

“Governor Newsom’s bad policy remains indefensible, and workers and businesses are suffering for it,” Tom Manzo, founder of the CABIA, told Business Insider over email. “It is obvious what is happening to the Fast Food industry no matter how Team Newsom spins the numbers.”

The CABIA ad cited data from the Hoover Institution, a public policy think tank and unit of Stanford University that aims to “limit government intrusion into the lives of individuals.”

It’s unclear where the Hoover Institution got its 9,500 figure from, though it did link a report by The Wall Street Journal, which said it used state figures.

Business Insider could not independently verify these figures, as data from both the California Employment Development Department and the US Bureau of Labor Statistics shows a drop of about 11,600 jobs when not seasonally adjusted.

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The CABIA’s argument was based on a drop in employment between September and January. But BLS data shows that employment in California’s limited-service restaurant industry dips in the winter. In every year for at least the last decade, employment has been lower in January than in the preceding September.

It’s typically at its lowest in January and its highest in August.

The BLS data includes employment at all limited-service restaurants, including those exempt from the new minimum wage.

Restaurants typically hire more workers during the summer months as tourism fuels spending and people spend more time outside their homes.

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Seasonally-adjusted BLS figures, which take yearly fluctuations into account, show that employment in California’s limited-service restaurant industry actually rose by about 6,000 people between September and January.

Newsom has clapped back at criticism of the new minimum wage

“California’s fast food industry has added jobs every month this year, including roughly 10,600 new jobs in the two months since Governor Gavin Newsom signed the fast food minimum wage bill into law,” his office said in a recent press release.

The following graph, made using BLS data, shows that employment in limited-service restaurants in California has been higher than 2023 levels for every month so far this year when not seasonally adjusted.

However, Newsom’s remarks have to be taken with a pinch of salt, too. The year-over-year growth in limited-service restaurant employment is a continuation of a trend seen before the pandemic, too, with total employment in the industry growing every year.

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And the month-on-month growth in employment so far this year is nothing new. Employment typically grows in the buildup to the summer.

It is clear some fast-food chains have laid off workers in California, including in some cases by closing restaurants, partly in response to the new legislation. Seasonally-adjusted BLS data suggests that there has been a small dip in workers in California’s limited-service restaurant industry — about 2,500 — since January.

However, the BLS statistics suggest that the situation is not as dire as the CABIA paints it to be.

The $20 minimum wage was introduced to support workers in a state with a notoriously high cost of living. The fast-food industry is generally known for low pay, with some workers having to pick up a second job to make ends meet.

Analysts previously told BI that the legislation is also expected to boost wages in other industries, as employers will face more competition for workers.

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Have you been affected by California’s new $20 minimum wage? Email this reporter at gdean@insider.com.





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[Here's LIVe] 6th Annual California Classic 2024 LIVE STreams AT TV Channel 5 july 2024

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July 5, 2024 – July 11, 2024 @ All Day – In the heart of sunny California, where the waves meet the palm trees and the spirit of competition thrives, the 6th Annual California Classic 2024 unfolded as a testament to athleticism, camaraderie, and the vibrant Californian lifestyle. Held in the iconic cities of Los Angeles and San Diego, this year’s event brought together athletes, fans, […]



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