Litigation

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

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!

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?

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

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

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?

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

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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The Clean Power Plan: Obama’s Easy Mandate

States Complaining About the CPP Are On Pace to Hit Emissions Targets

Back around the turn of the 20th century, New York’s Republican machine was run by Senator Thomas Platt, whose ability to bridge factional gaps gave him the title of “The Easy Boss.” Even though President Obama has attempted the same thing, he will have no such luck. Witness, for example, the states — virtually all […]

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The Clean Water Act, Federalism, Big Money and the California Supreme Court

Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program

The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates.  In […]

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