Major doctrinal changes could occur in constitutional law, administrative law, criminal law
In this post, I will discuss ways in which the Anthropocene might affect public law doctrines, focusing on constitutional law, administrative law, statutory interpretation and criminal law. Again, the changes here are driven by three characteristics of the interaction of the Anthropocene with the legal system that I have developed in my prior posts: a …CONTINUE READING
For endangered species, don’t think Alaska or Montana. Think Hawaii and California. And Alabama.
When we think about preserving nature in the United States, we tend to think of the country’s great wilderness areas in places like Alaska and the Rockies. We don’t think about Alabama or Puerto Rico, for instance. But in terms of biodiversity protection, this is almost the opposite of the truth. By and large, the …CONTINUE READING
Despite Trump, renewable energy is firmly rooted and growing across the nation.
What happens in Washington gets a lot of attention. You probably also follow what’s going on in your own state. But it’s very hard to know what’s happening at states across the country. In an effort to get a better sense of that, I’ve explored state activity on climate change and energy in a series …CONTINUE READING
H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes
Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month. And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …CONTINUE READING
The more we’ve learned about environmental problems, the less they seem purely local.
Voices in and out of the Trump Administration have called for a shift responsibility for environmental protection to the states. Given that none of them has ever shown enthusiasm for state environmental protection, it’s possible whether their rule concern is federalism or deregulation. (In fact, as NYU’s Ricky Revesz points out, Pruitt has generally opposed …CONTINUE READING
EPA’s Assault on Air Quality Protection Will Aim at California’s Standards, While Other States Have Given Up Their Authority to Protect Public Health and the Environment More Strictly
This article just published in the Atlantic explains well one of the many ways that EPA Administrator Scott Pruitt may attempt to deeply harm our environment for decades to come: through declining to grant, or revoking, the waivers that allow California to regulate air pollution from new motor vehicle engines more strictly than the federal government does. …CONTINUE READING
Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations
Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …CONTINUE READING
Scalia’s decisions were almost unremittingly anti-environmental.
Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction. Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work. But for the benefit of others, I thought it might be helpful to summarize his major environmental decisions. The …CONTINUE READING
A sleeper decision by the D.C. Circuit upholds federal air pollution authority.
The D.C. Circuit’s decision last week in Mississippi Commission on Environmental Quality v. EPA didn’t get a lot of attention, despite having a very significant constitutional ruling. Since the constitutional discussion doesn’t start until about page seventy, after many pages of scintillating discussion of matters like the reliability of private air pollution monitors and the …CONTINUE READING
Comparing the Mono Lake Committee with the Abalone Alliance
For several months now, I have been looking for a good comparison case to the Mono Lake Committee, whose work is one of the great success stories of the modern environmental movement. Why did the Mono Lake Committee succeed when other organizations failed? Lots of organizations had good causes and dedicated leaders: what made Mono …CONTINUE READING