California Supreme Court

California Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes

Court rules for the State in challenge to technology-forcing gun control law

In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun …

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California Supreme Court Ruling Represents Big Win for State Water Board–& California’s Environment

Justices Uphold Water Board’s “User Pays” Fee System Against Constitutional Attack

The California Supreme Court has handed the State Water Resources Control Board a major legal win, rejecting an industry challenge to the “user pays”-based system of funding the Board’s water pollution control system.  In doing so, the Supreme Court has fended off yet another constitutional challenge to the manner in which environmental regulatory fees are …

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The California Supreme Court’s Most Important Environmental Law Decisions of 2017

CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket

As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its …

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Environmental Law Professors File Amicus Brief in Defense of Technology-Forcing in the California Supreme Court

Professors oppose efforts to limit the Legislature’s authority to enact laws protecting the public health and safety of CA residents

My colleague Sean Hecht and I, along with eleven other California environmental law professors, filed an amicus brief in the California Supreme Court this week in support of the California Legislature’s authority to enact technology-forcing statutes. The underlying case, National Shooting Sports Foundation, Inc., et al. v. State of California,  involves a gun control law …

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California Supreme Court Upholds Regional Planning Agency’s Greenhouse Gas CEQA Analysis, and Sets Out Principles to Ensure Better Analysis in the Future

Decision Will Help Ensure Development and Transportation Planning in California Supports GHG Reduction Efforts

In May, Rick Frank posted his reflections on the oral argument in the California Supreme Court on Cleveland National Forest Association v. San Diego Association of Governments (SANDAG), and predicted that SANDAG would win the case.  His prediction has proved correct with the release of the Court’s opinion last week – but SANDAG’s narrow win provides a …

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Breaking News: Coastal Commission Prevails in Major California Supreme Court Case

Justices Reject Property Owners’ “Regulatory Takings” Challenge to Seawall Permit Condition

The California Supreme Court today issued its long-awaited decision in Lynch v. California Coastal Commission, rejecting a lawsuit brought by San Diego beachfront homeowners claiming that permit conditions imposed by the Coastal Commission triggered a compensable taking of their private property rights.  Writing for a unanimous Court, Justice Carol Corrigan concluded that the homeowners had forfeited …

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Look Out Below!

U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California

The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. …

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The California Supreme Court’s Environmental Docket: A Tale of Two Arguments

Justices Seem Likely to Reach Environmentally-Friendly Result in One Case, But Reject Environmentalists’ Claims in Other

Last week I posted a preview of three key environmental law cases that were scheduled for argument over two days in the California Supreme Court.  I attended the arguments in two of those cases, held in San Francisco last Thursday.  Here’s an account of what transpired, along with my predictions of the likely outcomes in …

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It’s Environmental Law Week at the California Supreme Court

Justices to Hear Oral Arguments in Three Major Environmental Cases This Week

The California Supreme Court currently has approximately twenty pending environmental cases on its docket.  This week, the Court’s justices will hear oral arguments in three of the most important of those cases.  Taken together, these looming decisions raise important issues concerning the California Environmental Quality Act (CEQA), federal preemption, climate change mitigation and adaptation, private …

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And Here’s to You, Justice Werdegar

Retiring California Supreme Court Jurist Leaves Impressive Environmental Law Legacy

The California Supreme Court recently announced that Justice Kathryn Werdegar will retire this August, after serving for 23 years on California’s highest Court.  Justice Werdegar is the longest-serving member of the currently-constituted Supreme Court. Over her 23-year career on the Supreme Court, Justice Werdegar has authored at least 25 major opinions on a wide variety …

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