Does Any Pollutant Mean ANY Pollutant?
It got less attention than it should because it was upstaged by the Supreme Court's healthcare decision, but last week's D.C. Circuit ruling on climate change was almost as important in its own way. By upholding EPA's regulations, the court validated the federal government's main effort to control greenhouse gases. To the extent that the case got public attention, it was because the court affirmed EPA's finding that greenhouse gases endanger human health and welfare....
CONTINUE READINGThe Chief Justice’s “Switch in Time” — Practically Huge But Legally Minimalist
"The switch in time that saved nine" is how one wag described a key vote change by a Justice during the New Deal. The "saved nine" part may or may not apply, but Chief Justice Roberts obviously switched his vote in the healthcare case. I can't remember a case in which the opinions made this so obvious. He also wrote an opinion that is designed to have as few legal repercussions as possible. There's been a lot of speculation about a possible Roberts flip, based i...
CONTINUE READINGWhy Did Mono Lake Become a Cause Celebre?
Why did saving Mono Lake become such a potent political issue during the late 1970's and early 1980's? For a book I am currently writing on the case, that is a critical question. After all, hundreds of groups -- hundreds of environmental groups -- seek media oxygen for their cases all the time. Both nationwide and particularly in California, Mono Lake stood out: more than deforestation, or desertification, or the expansion of national parks, or urban stormwater run...
CONTINUE READINGConditional Spending and the Clean Air Act
Ann suggests that Chief Justice Roberts' opinion today in Sebelius might open up the Clean Air Act to new challenges. That seems right, but it also seems to me that there are two key differences between Medicaid and the CAA/Highway Spending nexus. 1) Medicaid is an entitlement program; in other words, federal money flows more or less automatically. It does not require Congress to appropriate money annually. Thus, it may make sense in the Medicaid context to ...
CONTINUE READINGAnother (Mostly) Uninformed Post About the Health Care Cases and Environmental Law
I've only skimmed the opinion (National Federation of Independent Businesses v. Sebelius) but so far don't think the Court's holding that the health care law's individual mandate violates the Commerce Clause will have any real effect on environmental law. The Court's decision is concerned with whether Congress can require someone previously unengaged in commerce -- the individual who refuses to buy health insurance -- to engage in commerce through requiring the purchase ...
CONTINUE READINGThe Health Care Cases: Instant Uninformed Reaction!!
1) Wow. On the specific issue here, I'll take it. 2) Environmental lawyers will need to look at this decision very carefully. From an initial very quick parsing, it appears as if Chief Justice Roberts' opinion has cut back the scope of Commerce Clause authority and under the Necessary and Proper Clause as well as limiting the ability of the Federal Government to condition federal spending to states' action. All of these provisions very directly concern the sco...
CONTINUE READINGFinally: An Environmentally Conscious Environmental Organization
Give so much as a dime to any environmental organization, and you are on their mailing list for life. And that's just the start: you're on the mailing list of every other organization they share lists with. The mail starts to pile up fast, as does the annoyance at going through it. Notice something? All that paper undermines their claim to environmental sensitivity. Yes, I know: it's all recycled. Or Forest Stewardship Council-certified. Great. But it's still ...
CONTINUE READINGLos Angeles Climate Change Adaptation
My UCLA colleague Alex Hall has released a high quality micro-geography report highlighting within Los Angeles variation in heat wave risk in the medium term future. I salute his efforts. This type of research is exactly what I expect more climate scientists to deliver namely high quality information that is correlated with what Mother Nature will actually do in the future. Now that we are "armed" with this information, how does this new news affect the law, public ...
CONTINUE READINGDC Circuit 1, Roy Cohn 0
"I don't want to know what the law is. I want to know who the judge is." -- Roy Cohn There's one more important point about today's per curiam DC Circuit ruling that should be emphasized: the composition of the panel. Two members were Clinton appointees: Judith Rogers and David Tatel. But the third was the chief judge, David Sentelle, a Reagan appointee. And not just any Reagan appointee. Sentelle is probably the most right-wing judge on the circuit. A for...
CONTINUE READINGStanding and the EPA Greenhouse Gas Emissions Decision
As I described in my earlier post of today about the Coalition for Responsible Regulation v. EPA decision upholding the Environmental Protection Agency's greenhouse gas emissions rules, the D.C. Circuit Court of Appeals found that the plaintiffs -- groups representing large industrial and manufacturing facilities and states that oppose any greenhouse gas regulations under the Clean Air Act, like Texas -- lacked standing to challenge the so-called "tailoring rule." The...
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
