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 granted the stay., over a strong dissent from Justice Barrett. EPA may be able to fix the problem with this rule very quickly, and the Court'...
CONTINUE READINGThe Ten Most Important U.S. Environmental Laws
Some of the choices may surprise you.
In choosing the top environmental laws, I wanted to focus on those with the largest impacts on the environment, not just those that are most important to environmental lawyers or best known. My own priorities are public health, climate change, and preservation of biodiversity/ecosystems. I included all laws passed in the U.S., not just federal regulatory laws, and some of my selections may not be what you expected. I've listed the laws in chronological order to avoid t...
CONTINUE READINGThe 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 Supreme Court agreed yesterday to hear a case about whether environmental impact statements need to address climate change. To read the arguments made about the case, you’d think that this was a common law area where courts establish the rules. But as I discuss in a forthcoming article, recent amendments have put a lot of flesh on the previously barebones law. The. bottom line: The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they wer...
CONTINUE READINGThe 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 in the spotlight, but on the eve of trial the plaintiffs and the governor announced a legal settlement. Headlines about the settlement h...
CONTINUE READINGLuminosity
The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.
“Attack of the Dim Bulbs” was the title of a Legal Planet post I wrote in 2012. It was prompted by Mitt Romney’s claim that Obama was out to ban “Thomas Edison’s light bulb.” Romney was taking part in what was then a major culture war battle. Conservatives raised the alarm about the threat to the incandescent bulb from a newer technology, the compact florescent light (CFL). A lot has happened since then. An even newer lighting technology has moved in. A...
CONTINUE READINGIs 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.
Climate activism has diverse expressions. From blowing up pipelines, to throwing orange cornflour on historic monuments. From street protests to writing politicians. In the opinion of some commentators, scientists and scholars should steer clear of all such activities. Some fear alienating publics from science and scholarship. Others suggest that participating in activism reveals a disturbing lack of objectivity. Such arguments against “climate scientists becoming ...
CONTINUE READINGThe “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data
California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data
Recently I've posted stories about efforts to enforce California's water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources--especially in times of critical drought. One post focused on the federal government's successful criminal prosecution of a San Joaquin Valley water district manager who illegally diverted millions of gallons of water from the government's Central Valley Project for mor...
CONTINUE READINGMajor 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.
BMO Stadium, the home of Los Angeles Football Club, is revered as one of the best places to watch soccer in the U.S., thanks to forward-thinking design and good vibes among their famously devout fans. BMO has even been called the future of stadium design. So, it’s all the more jarring that LAFC allows Big Oil advertising to flash behind their big plays. Like on May 11 when Denis Bouanga tied a team record with three assists in a single game thanks to a gorgeous ...
CONTINUE READINGUniversities Gear Up to Fight Climate Change
Here are some recent developments at leading universities.
Universities have three main missions research, teaching, and public service -- and all three are implicated by the climate crisis. Universities have begun to realign their institutional structures in response to these challenges. Of course, faculty and students across many campuses are already deeply engaged with climate issues. But this kind of bottom-up response needs institutional support. It’s all very well for universities to “let a hundred flowers bloom” b...
CONTINUE READINGThe 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 reduce greenhouse gas emissions—emissions that increase climate risks like last year’s Maui wildfires. Though...
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