environmental standing

Libertarians for Environmental Red Tape!

Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …

Continue reading “Libertarians for Environmental Red Tape!”

CONTINUE READING

How the Financial Crisis Destroyed Standing Doctrine

Environmental scholars are very familiar — perhaps too familiar — with how the constitutionalization of standing doctrine has restricted the ability of environmental groups to challenge agency actions. I’ve recently read several books about the financial crisis, and it’s occurred to me that Wall Street innovation may have made traditional standing doctrine a dead letter. My …

Continue reading “How the Financial Crisis Destroyed Standing Doctrine”

CONTINUE READING

The Mystery of Sierra Club v. Morton

Sierra Club v. Morton is rightfully viewed as one of the most significant environmental decisions in Supreme Court history. Although it hardly constituted a crimped or anti-environmental decision, it did go a long way to putting the brakes on environmental standing by ruling that the Sierra Club did not have the corporate standing to …

Continue reading “The Mystery of Sierra Club v. Morton”

CONTINUE READING

Conference Webcast – The Environment and the Constitution

*Webcast is archived for later viewing, if you didn’t catch the live event. On February 26, 2010. 9:00 a.m. – 5:30 p.m.webcast of (EST), you can attend the Environmental Protection in the Balance: Citizens, Courts, and the Constitution at Georgetown University Law Center, Washington, DC. Today, the most important environmental law and policy disputes are …

Continue reading “Conference Webcast – The Environment and the Constitution”

CONTINUE READING

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

Ballot measures in Washington and California are especially important but others are worth noting.

Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.