Chief Justice John Roberts Archives

Chief Justice John Roberts

The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year. Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

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Supreme Court Takes a Knick Out of Regulatory Takings Law

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott. By a narrow 5-4 vote that split …

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Supreme Court Stays Upcoming Juliana Trial

Chief Justice Roberts’ Order a Major Win for the Trump Administration

The presently-constituted U.S. Supreme Court doesn’t seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings …

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President Trump’s Supreme Court Nominee & Murr-murs of Behind-the-Scenes Supreme Court Intrigue

Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

In his wide-ranging, long-awaited and (to put it mildly) colorful press conference last week, President Trump promised to announce his nominee to the U.S. Supreme Court within two weeks of taking the oath of office. On this pledge, at least, I believe him. Indeed, I’ll be surprised if he waits that long. Senate Republicans refused to …

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Drought and the Supreme Court

Does the Court’s Decision in the Raisin Case Imperil Water Management?

When I first read Rick’s writeup of the Supreme Court’s decision in USDA v. Horne, concerning the federal government’s Depression-era system of “marketing orders” that required farmers to set aside a percentage of their raisin crop in a government-controlled account, I was worried about water. And that’s not just because I always worry about water. Horne turned on …

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Breaking News: Supreme Court Rules Federal Agricultural Program a Taking

Justices Uphold California Raisin Growers’ Fifth Amendment Challenge

The United States Supreme Court today ended a David-and-Goliath-style, 10-year legal battle between a pair of California raisin growers and the federal government, declaring that the government triggered a compensable taking of the growers’ private property when a federally-controled agricultural board ordered seizure of a portion of their crop. The Court’s decision can be accessed …

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What Beijing Could Learn From George Washington

But It Seems More Interested in Following John Roberts

Alex’s terrific op-ed raises two key questions, one snide and disturbing, the other more profound. As for the first, I couldn’t help notice this point in the middle of his piece: Courts often refuse to even accept difficult or sensitive cases. The Supreme People’s Court has adopted rules for breaking up class-action lawsuits and relegating …

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U.S. Supreme Court Deals Blow to National Rails-to-Trails Movement

Justices Hand Property Owners Another Important Win, With Public Access the Loser

Some U.S. Supreme Court decisions blow through American jurisprudence like a hurricane. Others slip into the law books quietly, like the proverbial cat’s paws. Today’s Court decision in Marvin M. Brandt Revocable Trust v. United States falls into the latter category: largely overlooked by Court followers and the media, but with the potential to have …

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U.C. Davis School of Law Hosts “CEQA at 50” Conference on April 16th

Virtual Event Commemorates Past, Predicts Future of the California Environmental Quality Act

Guest Contributors Kelsey Manes & Ashley Sykora: State Should Clean Up Los Angeles Parkways Impacted by Exide Pollution

Communities for a Better Environment and UCLA Environmental Law Clinic Urge State Agency to Reevaluate Inequitable Cleanup Proposal

Creating New Jobs in Coal Country and the Oil Patch

How can we help carbon-dependent communities transition economically?

Designing Policy to Advance Direct Air Capture of Carbon Dioxide

Direct air capture and sequestration of carbon dioxide will be central to climate policy this century, but how can we advance it through policy?

Biden’s Infrastructure Plan: FAQs

Yes, it’s a big deal. And yes, it’s politically dicey.

The US National Academies on Solar Geoengineering Research and Governance

Four Emmett Institute scholars react to an important new report

More NYC Oil

Second Circuit Creates Climate Change Preemption

Appeals Court Nixes NYC Climate Lawsuit

With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.

Deforestation and the Climate Crisis in a Time of Pandemic

Despite the pandemic-induced global economic contraction, deforestation increased last year, with significant increases in the destruction of primary tropical forests.

The Green MAGA-Deal Goes Public!

It’s something no one expected, and for good reason.

U.C. Davis School of Law Hosts “CEQA at 50” Conference on April 16th

Virtual Event Commemorates Past, Predicts Future of the California Environmental Quality Act

The U.S. Government Is Researching Solar Geoengineering. Now What?

Officials should use the tools on hand to get governance right.

Deconstructing the Supreme Court’s First Environmental Law Decision of the Year (Sort Of)…

…And Newly-Arrived Justice Barrett’s First Majority Opinion

When “Stay In Your Lane” Is Wrong

Technical policy questions often involve ethical political questions that the public must have a say in

A Preview: Major Property Rights Case Currently Before U.S. Supreme Court

Decision in Cedar Point Nursery Could Imperil Key Health, Safety & Environmental Programs

Regulating Interstate Ozone Pollution: EPA Nears the Finish Line

The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.

Solar Geoengineering and Public Engagement Trolling

A first test of a long-planned outdoor solar geoengineering experiment has been delayed–again. Why?

Deforestation and the Climate Crisis in a Time of Pandemic

Despite the pandemic-induced global economic contraction, deforestation increased last year, with significant increases in the destruction of primary tropical forests.

Chief Justice John Roberts

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

Chief Justice Roberts’ Order a Major Win for the Trump Administration

Will Trump’s Supreme Court Pick Prompt Long-Awaited Decision in Key Property Rights Case?

Does the Court’s Decision in the Raisin Case Imperil Water Management?

Justices Uphold California Raisin Growers’ Fifth Amendment Challenge

But It Seems More Interested in Following John Roberts

Justices Hand Property Owners Another Important Win, With Public Access the Loser

TRENDING

Virtual Event Commemorates Past, Predicts Future of the California Environmental Quality Act

Communities for a Better Environment and UCLA Environmental Law Clinic Urge State Agency to Reevaluate Inequitable Cleanup Proposal

How can we help carbon-dependent communities transition economically?

Direct air capture and sequestration of carbon dioxide will be central to climate policy this century, but how can we advance it through policy?

Yes, it’s a big deal. And yes, it’s politically dicey.

Four Emmett Institute scholars react to an important new report

Second Circuit Creates Climate Change Preemption

With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.

Despite the pandemic-induced global economic contraction, deforestation increased last year, with significant increases in the destruction of primary tropical forests.

It’s something no one expected, and for good reason.

Virtual Event Commemorates Past, Predicts Future of the California Environmental Quality Act

Officials should use the tools on hand to get governance right.

…And Newly-Arrived Justice Barrett’s First Majority Opinion

Technical policy questions often involve ethical political questions that the public must have a say in

Decision in Cedar Point Nursery Could Imperil Key Health, Safety & Environmental Programs

The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.

A first test of a long-planned outdoor solar geoengineering experiment has been delayed–again. Why?

Despite the pandemic-induced global economic contraction, deforestation increased last year, with significant increases in the destruction of primary tropical forests.

Second Circuit Creates Climate Change Preemption

Direct air capture and sequestration of carbon dioxide will be central to climate policy this century, but how can we advance it through policy?