With a clever if contrived argument, the Second Circuit tries to eliminate climate change litigation.
On Friday, the Second Circuit issued an important decision in a lawsuit against the oil industry. New York City had sued the oil companies for harms relating to climate change. The appeals court ordered the case dismissed, on the ground that any harm relating to fossil fuel is exclusively regulated by the Clean Air Act. …CONTINUE READING
With a few sentences, Congress could do a lot to fix the law.
The last time Congress tried to pass climate change legislation, the bill was about 800 pages long. That bill, the Waxman-Markey Act, tried to adopt a comprehensive set of emissions reduction measures, which is a complicated business. But a much simpler law could allow the U.S. to move forward quickly with less ambitious but still …CONTINUE READING
The Support of Toyota and Other Manufacturers for the Trump Administration’s Policy Rollbacks Shows the Need to Confront Corporate Decisionmaking on Energy and Climate
As Cara Horowitz and Idalmis Vaquero discussed in their blog posts, the true highlight of COP 25 has been the numerous youth and indigenous interventions, actions, and disruptions. After spending four days at the COP, I came away from the events surprised by the level of corporate visibility and greenwashing in the side events, but …CONTINUE READING
Automakers might get a federal “one national standard”…just not the one they seem interested in.
The Wall Street Journal reported today that the Trump administration will move to finalize its rollback of federal fuel economy and greenhouse gas emissions standards by the end of the year, and that, unlike the freeze previously proposed by the administration, the rule will require annual fuel economy improvements of 1.5 percent. That’s still much …CONTINUE READING
Toyota’s Defense of Its Choice to Support the Trump Administration’s Auto Standards Rollback Rings Hollow
Sadly, Toyota Has Ceded Its Place As the Industry’s Environmental Leader
My colleagues Ann, Cara, Julia, and Rick have all written about various aspects of the decision by General Motors, Toyota, and other automobile manufacturers to side with the Trump administration as it tries to prevent California from setting its own greenhouse gas emission standards. The administration is implementing this rollback in tandem with a federal …CONTINUE READING
The waiver preemption lawsuit isn’t about one national fuel economy standard.
As Ann wrote yesterday, the Association of Global Automakers and the auto companies General Motors, Toyota, and Fiat Chrysler have stated their intent to intervene in pending litigation challenging the Trump administration’s rule to preempt California’s Advanced Clean Cars program, and any future tailpipe greenhouse gas (GHG) emissions standards the state and others might seek …CONTINUE READING
Is there any legal basis for the Trump Administration’s actions?
Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the …CONTINUE READING
Supreme Court denies review in two important environmental law cases
Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered …CONTINUE READING
Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket
Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit …CONTINUE READING
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 …CONTINUE READING