Communities for a Better Environment

Supreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision

Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council.  I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise.  (If you’re unfamiliar with the case, the linked post explains in …

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The strange saga of how Los Angeles County’s stormwater pollution ended up in the Supreme Court

Tomorrow, the Supreme Court will hear oral argument in Los Angeles County Flood Control District v. Natural Resources Defense Council. This case involves a lawsuit by clean-water advocates to require our County Flood Control District to take responsibility for ensuring that polluted stormwater doesn’t impair our local water quality in two local rivers. The Ninth …

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California Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction

Today, the California Court of Appeal  rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan.  EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32.  Their primary …

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The recent court decision blocking California’s scoping plan to reduce greenhouse gas emissions: One-stop shopping for recent Legal Planet commentary

Several of the bloggers on Legal Planet have been commenting extensively on the recent California court decision that will block the California Air Resources Board from moving forward with its AB 32 Scoping Plan and related regulations.  I’ve provided links below to a series of our posts on this decision. The court, ruling on a …

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Reflections on environmental justice and AB 32’s emissions trading program

I have a few thoughts on environmental justice and the new court decision halting implementation of the AB 32 scoping plan, inspired by my colleague Ann Carlson’s post, and the comments on that post.  Reflecting on the environmental justice community’s successful (at least temporarily) attack on greenhouse gas emissions trading in California – and on the …

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California Supreme Court decides in favor of accurate environmental impact analysis (and cleaner air)

The California Supreme Court just issued an important decision interpreting public agencies’ obligations under the California Environmental Quality Act.  This case will result in cleaner air in southern California.  It also establishes that public agencies must measure environmental impacts from a new project against actual existing conditions, rather than against theoretical conditions (based on permits …

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California environmental justice advocates sue Air Resources Board over climate scoping plan

UPDATES: California Air Resources Board Chair (and former UCLA colleague) Mary Nichols comments below. The Complaint in this action is available here (caption page separately available here). A coalition of California environmental justice advocates has filed a lawsuit challenging the legality of the California Air Resources Board‘s scoping plan for AB 32, the landmark climate …

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