Litigation

President Trump’s Supreme Court Nominee & Murr-murs of Behind-the-Scenes Supreme Court Intrigue

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Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

In his wide-ranging, long-awaited and (to put it mildly) colorful press conference last week, President Trump promised to announce his nominee to the U.S. Supreme Court within two weeks of taking the oath of office.  On this pledge, at least, I believe him.  Indeed, I’ll be surprised if he waits that long. Senate Republicans refused to […]

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The Ninth Circuit’s Top Environmental Law Decisions of 2016

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Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket

In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law.  That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes […]

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The California Supreme Court’s Top Environmental Law Decisions of 2016

CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court’s Environmental Docket

While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court.  To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues […]

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Update on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants

Xcel Energy's Sherburne County (Sherco) Generating Station, a coal-fired power plant, near Becker, Minnesota, Tony Webster.  Licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license.

UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts

Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last […]

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Something Else to Be Thankful For — Inertia!

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Meet your new best friend: gridlock, litigation delays, and red tape.

Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It’s ironic that environmentalists should now be grateful for all the features that hold […]

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What Does a Trump Presidency Portend for California’s Environmental Policies?

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Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations

Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s […]

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

Emerald Bay, in south Lake Tahoe

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively […]

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A Century of Bipartisan Effort

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Over 110 years, Presidents of both parties have worked to save national monuments.

Let’s take a break from the bitter partisan warfare and celebrate a bipartisan triumph: preserving numerous national monuments by presidents of both parties. This effort includes creation of 1.6 million square miles of marine preserves by Presidents George W. Bush and Barack Obama. It’s impressive just how many of our Presidents have been involved in […]

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What’s The Future Of California’s High Speed Rail System?

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Join My KALW Radio Conversation Tonight With Authority Chair Dan Richard At 7pm

California’s high speed rail system has been moving at a low speed since voters approved a bond issue to launch it in 2008. That ballot measure authorized a bullet train from San Francisco to Los Angeles and eventually Anaheim, at speeds of 220 miles per hour and stops in Central Valley cities like Fresno and […]

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The Clean Power Plan Oral Arguments

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After marathon hearing, EPA comes out on top

Greetings, Legal Planet readers! As many of you know, I left the UCLA Law community several months ago for a new position in the environmental law world. But today, I emerge from blog-retirement for one very special post: insights from Tuesday’s oral arguments in the D.C. Circuit Court of Appeals over EPA’s Clean Power Plan. […]

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