Litigation

Culture Wars at the Supreme Court

Cannon book

A new book examines the roots of judicial conflict in environmental law.

Views on environmental issues are related to broader culture differences.  According to social scientists, environmentalists tend to be egalitarian, believe in harmony with nature, and stress responsibility over autonomy.  Their opponents, who are skeptical about regulation, tend to favor traditional hierarchies, believe in human mastery of nature, and stress autonomy over responsibility. Jon Cannon’s new book, Environment […]

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The Battle to Restore Hetch Hetchy Valley Moves to the Courts

Hetch Hetchy Valley in early 1900's, Before Valley's Inundation

New Lawsuit Claims Dam and Reservoir in Yosemite National Park Violate California Constitution

This week, the longstanding battle over the dam and reservoir that have for a century flooded Yosemite National Park’s storied Hetch Hetchy Valley moves to the courts. A new lawsuit, filed by conservationists on the 177th anniversary of  John Muir’s birth, asserts that the City of San Francisco’s continued operation of O’Shaughnessy Dam and Hetch Hetchy Reservoir […]

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Has EPA’s Proposed NSPS Expired?

Expired

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean […]

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Yogi Berra Explains the Mono Lake Case

Yogi Berra

Or -- Timing Is Everything

As part of the book I am writing on the Mono Lake case, one question stands out: how was the Mono Lake Committee able to assemble the resources to bring a lawsuit against the powerful Los Angeles Department of Water and Power? At one level, the answer is obvious: it found a Sugar Daddy, in […]

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Justice Thomas Declares War on Rulemaking

Clarence_Thomas_official_SCOTUS_portrait

His Amtrak dissent would wipe out most regulations of the last 40 years.

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.. The heart of […]

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California Supreme Court to Decide Major CEQA, Climate Change Case

SD Traffic

Justices' Latest Grant of Review Continues Supreme Court's Focus on Environmental Law

To paraphrase former President Ronald Reagan, there they go again. The California Supreme Court on Wednesday granted review in an important case at the intersection of the California Environmental Quality Act (CEQA) and one of the state’s most important climate change laws.  The case, Cleveland National Forest Foundation v. San Diego Association of Governments, is the […]

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The California Supreme Court’s Unprecedented Focus on Environmental Law

Cal Supreme Courthouse

California's Highest Court Has Far More Environmental Cases Pending Than Ever Before in Its History

The California Supreme Court, perhaps the most influential state supreme court in the nation, has of late become unusually and intensely focused on environmental law.  More than ever before in its history, the California Supreme Court currently has before it a large docket of environmental cases that, individually and collectively, promise to alter the legal […]

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Raisins

Justices To Rule on Whether Feds' Depression-Era Agricultural Regulations Unconstitutionally "Take" Farmers' Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices’ order yesterday agreeing to review the constitutionality of state same-sex marriage bans–automatically making it the “blockbuster” issue before the Court this Term.  Largely overshadowed by that news was the justices’ contemporaneous decision to revisit the interrelated issues of property rights, the Takings […]

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