Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by […]
Brief captures key findings from UCLA / UC Berkeley Law conference in June
The environmental law centers at UCLA and UC Berkeley Schools of Law have released a new policy brief that describes the top challenges and solutions for deploying zero-emission freight technologies at Southern California’s ports. Policy Solutions to Boost Zero-Emission Freight at Southern California’s Ports summarizes the key findings from a conference on the topic at UCLA […]
California’s Proposition 65 law has been consistently making the news lately — but not for the reasons it should.
This summer, California’s unique-in-the-nation law governing human exposure to toxic chemicals, Proposition 65, has been consistently making Page 1 — but in ways that belie the adage that “all publicity is good publicity.” Most heavily reported, and acutely politically perilous to the law’s supporters, has been a state trial court ruling that coffee must bear […]
Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.
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 […]
Yes, it’s hard to believe. But it actually did happen.
On Thursday, the FDA made a stunning announcement about a new regulation for cigarettes. Given that this is the Trump Administration, you might have thought they were going to require school lunch programs to hand out cigarettes or something. But no. FDA is proposing — or more accurately, is proposing to issue a proposal — […]
Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket
Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit […]
Congress Should Ensure that Money Is Available to Address Pollution on Public Lands
In recent legal battles, the State of Utah has rarely sided with the environment. It is a significant moment, therefore, when Utah files a lawsuit aimed to force polluters to pay for contamination they have caused, as it did last week when it sued mine owners and contractors for the EPA related to the Gold […]
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 […]
“But except for that, how did you like the play, Mrs. Lincoln?” It’s an old joke, for all I know going back to 1865. That was 2016,too, in a way. Like Mrs. Lincoln’s evening at Ford’s Theater, 2016 contained a lot of good things, some bad things, and then disaster. Here’s a list of each. The […]
Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.
Paul Ryan and Donald Trump have vowed to roll back many environmental protections. The Senate seems to be the one barrier against anti-environmental moves by Congress. How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats’ 48 votes in the Senate […]