
California Environmental Law & Policy Center
Defining Good Infill
A Convening Report on SB 226 and the California Environmental Quality Act by Ethan N. Elkind, Rick Frank, and Sean Hecht.
Opinion Editorials regarding Proposition 26
In November 2010, California voters enacted Proposition 26, an initiative measure that was largely overshadowed by other, more heavily-publicized measures on last fall's general election ballot. But Proposition 26, which mandates that most future state and local fee systems can only be enacted by a two thirds vote of the California Legislature or local voters, will have a profound effect on a variety of public health, safety and environmental protection measures. Proposition 26 is likely to have an especially pronounced effect on California environmental programs, which in recent years have relied heavily on "polluter pays"-based fee systems to fund them.
Set forth below are two opinion columns relating to Proposition 26: the first, written by King Hall Law Professor Christopher Elmendorf, suggests that the initiative measure may be unconstitutional under California's "single subject rule." The second, penned by California Environmental Law & Policy Center Director Richard Frank, discusses the background of Proposition 26, as well as its particular, anticipated effects on a variety of state and local environmental programs.
Other Recent Publications
- "Justices Reject States' Climate Change Nuisance Lawsuit" by Richard M. Frank, June, 28, 2011.

- "The Legacy of Arnold Schwarzenegger" by Richard M. Frank, December 15, 2010
. - "Preserving the Delta smelt via ESA is constitutional" by Richard M. Frank, September 10, 2010.

- "Justice Stevens' Abiding Environmental Legacy" by Richard M. Frank, May 10, 2010
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