National Archives - Legal Planet

Region: National

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Headlines about today’s decision in Loper v Raimondo overturning the 40 year-old decision in Chevron v NRDC that granted agencies deference in their interpretation of ambiguous statutes focus on the “massive power grab,” the decision’s “sweeping” nature and call it a “blow” to the administrative state. My view may be idiosyncratic but I don’t view …

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The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

The first—and possibly last—debate between President Joe Biden and Donald Trump was never going to be about the existential climate crisis. But the CNN moderators did press the issue in one question. The meandering answer that followed was a microcosm of the whole excruciating affair. I wrote here about 22 possible climate-related questions that CNN’s …

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Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

Last year, EPA issued a new federal implementation plan to address interstate pollution from nitrous oxides under the Clean Air Act’s Good Neighbor Provision. The Good Neighbor Provision is designed to address interstate pollution: those instances where emissions from upwind states impose harms across state lines, effectively shifting the costs of controlling their pollution to …

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The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. Like most observers, I was puzzled that the Court was bothering with the case before the D.C. Circuit even had a chance to consider the merits of the challenges. Months later, the Court has finally …

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The Ten Most Important U.S. Environmental Laws

An image of the U.S. Capitol Building in the evening.

Some of the choices may surprise you.

What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

At the precise time on Monday, June 24 when 13 young Hawaiians were set to file into a Honolulu court for the start of trial, they instead gathered at the historic Iolani Palace to celebrate with their legal teams and supporters. Their case, Navahine v. Hawaiʻi Department of Transportation, was the latest youth climate lawsuit …

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Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

The conservative fight to save an obsolete lighting technology – the incandescent bulb — has something to tell us about current environmental disputes and the nature of culture wars.

Universities Gear Up to Fight Climate Change

Here are some recent developments at leading universities.

Universities across the country are making moves to better address climate change: creating new Schools of Sustainability and Climate, establishing research institutes, and appointing Vice Provosts for Climate Change to oversee their work.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Last summer, many Americans were glued to the events unfolding in Maui as a raging inferno overtook the town of Lahaina, trapping thousands and killing at least 99 people.   This summer, we’ll see 13 youth plaintiffs in Hawaiʻi take the state’s Department of Transportation to court for allegedly failing to implement climate policies meant to …

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Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Financing and Investment Strategies for an Equitable Clean Mobility Transition

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

Halftime Report: Environmental Bills Moving Forward

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

Region: National

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Here are some recent developments at leading universities.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

TRENDING

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.