Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that […]
Reflections From a Review of Kavanaugh’s D.C. Circuit Opinions
As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court. I’m adding here a few thoughts to the many […]
Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October
The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial […]
Trump’s policies clash with each other remarkably often.
A certain amount of policy inconsistency is inevitable in any Administration. But the Trump Administration seems to be breaking all records. The Administration does have strong impulses. The trouble is that its goals keep colliding. Here are some examples. Favoring gas at the expense of coal. . . And vice versa. Trump wants to promote […]
Lawsuits will follow
According to a Bloomberg report this morning, the Trump Administration, under new EPA Administrator Andrew Wheeler, will release a proposal later this week to freeze greenhouse gas emission and fuel economy standards at 2020 levels. The effect is that automakers will face standards of about 35 miles per gallon rather than seeing the standards increase […]
The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.
In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like […]
Court rules for the State in challenge to technology-forcing gun control law
In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun […]
How do we make environmental progress despite an increasingly unsympathetic court?
Ann Carlson wrote an excellent post about how Kennedy’s departure might impact some key environmental issues. His retirement means that the Supreme Court will move even further to the right and stay there at least until one of the conservatives departs (maybe Thomas, the oldest). The new pick is likely to be another Gorsuch, which […]
Policy reversals are likely to be more frequent in an increasingly polarized society. How should courts respond?
The Trump Administration is doing its best to wipe out Obama’s regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two Presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth time in […]
Justice Kennedy’s Recusal Proves Decisive in Preserving Tribes’ Legal Victory
Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals’ earlier decision in Washington v. United States “is affirmed by an equally divided Court.” The justices split 4-to-4 on […]