Litigation

Montana “Youth Citizens” Win Landmark Climate Change Trial

Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies

A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials.  In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies.  The “youth citizen” …

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What Next for the Climate Tort Cases?

Cases against the oil companies are back to state court. It’s time to map out the next steps.

With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront.  The oil companies will fight a scorched earth campaign, spending …

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California Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law

Monterey County Oilfield

Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy

Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid.  The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey.  The Supreme Court’s ruling was predictable, …

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The Latest in the Mountain Valley Pipeline Case

The Supreme Court was right to overturn the lower court’s stay.

Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of …

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State Government Standing and Environmental Law

The Supreme Court seems to be cooling to the idea of empowering state AGs.

Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.”  In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might …

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EPA and the Student Loan Decision

Will the major questions doctrine block EPA’s proposed rules?

Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine.  Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine?  A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …

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Individuals Making a Difference

Two stories of the unknown environmental advocates behind major Supreme Court decisions.

My students often wonder whether they can actually make a difference. I like to tell them the story of Joe Mendelsohn.  Mendelsohn, who worked at a tiny, obscure non-profit, decided that EPA needed to address climate change. His efforts, recounted in a book by Richard Lazarus, led to the Supreme Court’s blockbuster opinion in Massachusetts …

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What Happened During the Montana Youth Climate Trial

A yard sign in Montana that voices support for the plaintiffs.

The state argued that Held v. Montana is a boring case about procedure. The kids made a compelling case that climate action is part of Montana’s constitutional obligation to maintain a healthy environment.

The very first American trial of a youth climate lawsuit was hardly blockbuster Court TV, but we learned a lot from the proceedings. The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the …

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UCLA Clinic Submits Amicus Brief in Water Rate Design Case

A trial court decision invalidated the City of San Diego’s tiered water rates. This amicus brief by the Environmental Law Clinic on behalf of California Coastkeeper Alliance and Los Angeles Waterkeeper argues a reversal is needed to pursue conservation and equity.

Court challenges to the use of tiered water rates in California are threatening the state’s own water conservation and affordability goals. That’s what’s at stake in a case called Patz v. City of San Diego.   Climate change is intensifying California’s hydrologic variability and exacerbating the state’s water supply challenges. Dwindling water supplies have led …

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UCLA Law Clinic Files Amicus Brief Seeking Review of Decision in Berkeley Gas Case

Photo of a gas water heater

The Environmental Law Clinic joins other local, state, and federal governments, as well as NGOs, in urging the Ninth Circuit to take a second look at the case.

Yesterday, the UCLA Environmental Law Clinic filed a brief in the California Restaurant Association v. Berkeley case on behalf of seven law professors: our own William Boyd, Dan Farber and Sharon Jacobs at UC Berkeley, Jim Rossi at Vanderbilt, David Spence at UT Austin, Shelley Welton at UPenn, and Hannah Wiseman at Penn State. (The …

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