Department of Justice

Looking Into USDOJ’s Lawsuit To Dismantle the California-Quebec Greenhouse Gas Cap-and-Trade Linkage Program

While DOJ Says It “Didn’t Consult With The White House,” There Are Clues the Case Is Politically-Motivated

My colleagues Ann Carlson and Cara Horowitz wrote last week about the Trump administration Department of Justice’s lawsuit against the California Air Resources Board, the Western Climate Initiative, and various California-based officials of both, claiming California is unlawfully trying to engage in foreign policy through its greenhouse gas cap-and-trade program’s linkage with Quebec. There appear …

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Major Settlement Announced in Volkswagen Emissions Fraud Litigation

$14.7 Billion Civil Enforcement Settlement is a Victory for Consumers, Environmental Prosecutors

Federal and state environmental prosecutors today announced a proposed settlement of government civil enforcement litigation they’ve pursued against Volkswagen in response to the automaker’s acknowledged efforts to cheat federal and state auto emission standards and defraud consumers.  The complex settlement, lodged with the assigned U.S. district court judge in San Francisco, requires Volkswagen to pay …

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Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation

In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins.  California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years.  The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …

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Another Env Law Prof Goes to Washington

President Obama announced his intention to nominate Chris Schroeder to head the Office of Legal Policy at DOJ.  As the announcement indicates, Schroeder is an eminent authority on environmental law: Christopher H. Schroeder is Charles S. Murphy Professor of Law and Professor of Public Policy Studies, and director of the Program in Public Law at …

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