judicial review Archives

judicial review

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

In West Virginia v. EPA, the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion …

Continue reading “What’s a Major Question? Opinions differ.”

More on How the Vaccine Mandate Cases May Impact Climate Policy

How much is the Court likely to prune back EPA’s powers?

In a Friday post, I sketched some thoughts about how the Supreme Court’s vaccine mandate rulings might impact EPA’s power to control carbon emissions. I think it’s worth unpacking both the Court’s opinions a little more and the issues at stake in a pending climate change case, West Virginia v. EPA. The Court ruled in …

Continue reading “More on How the Vaccine Mandate Cases May Impact Climate Policy”

Rethinking Presidential Administration

Giving the President more control of regulation has been a good thing — up to a point.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process away from agencies. That trend has accelerated to the …

Continue reading “Rethinking Presidential Administration”

Happy Birthday, Chevron Doctrine!

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Thirty-six years ago today, the Supreme Court decided the Chevron case. The case gives leeway to agencies when their governing statutes are unclear or have gaps. It’s probably the most frequently cited Supreme Court opinion ever. But now the Chevron doctrine is under fire from conservatives, who used to be its strongest advocates. Here’s how …

Continue reading “Happy Birthday, Chevron Doctrine!”

Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important implications for administrative law — and for environmental law cases in particular. Here are three main takeaways. Requiring Reasoned Explanation. Chief Justice John Roberts reinforced the principle that …

Continue reading “Lessons from the DACA Ruling”

A Welcome Victory in the D.C. Circuit

This is what it looks like when judges just buckle down and do their jobs.

Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak. Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …

Continue reading “A Welcome Victory in the D.C. Circuit”

The Flight of the Bumblebee

The Trump Administration loses an environmental case. Again.

Last Friday, the Fourth Circuit halted efforts to build a natural gas pipeline because the Administration had done such a lousy job of showing its compliance with the Endangered Species Act. This was one of the Administration’s many losses in court. The case involved a perfect example of “arbitrary and capricious” decision making, to use …

Continue reading “The Flight of the Bumblebee”

Endangered Deference

The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise

Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …

Continue reading “Endangered Deference”

Justice Gorsuch versus the Administrative State

Does the Gundy decision spell doom for modern government?

Gundy v. United States was a case involving a fairly obscure statute regulating sex offenders, but some have seen it as a harbinger of the destruction of the modern administrative state. In a 4-1-3 split, the Court turned away a constitutional challenge based on a claim that Congress had delegated too much authority to the …

Continue reading “Justice Gorsuch versus the Administrative State”

Regulatory Reform: A Progressive Vision

A new Issue Brief provides practical proposals on how to improve regulation.

For over three decades, “regulatory reform” has been an aspiration chiefly for opponents of regulation. Everyone agrees that regulation could be improved. But too many proposals for change are designed to undercut protection of the environment, public health, and civil rights. What would regulatory reform look like if you actually want to improve regulation rather …

Continue reading “Regulatory Reform: A Progressive Vision”

Can We Use Regulation to Reduce Inequality?

Contrary to some, I think the answer is yes. And here’s how we can do it.

An Important Groundwater Bill Lands on the Governor’s Desk

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Overshoot Commission Addresses Geoengineering

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

No, There’s No Scientific Conspiracy About Climate Change

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

A Summer Job, Record Heat, Climate Hope

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Action on Methane

California’s Subnational Initiative

A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Climate Change is Finally Heating Up Politics – But Not in a Good Way

Pitting defence of our ‘way of life’ against climate policies is a recipe for division and inaction

The Contradictory Attacks on Biden’s Climate Programs

“Job Killing” or “Overheating the Economy” — Which Is It?

Can we make a map for wastewater innovation?

…or even a guidebook?

Bowing to the Inevitable

The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.

Amazon Deforestation is Down. Here’s Why.

Elections, new government policies at the national and sub-national level, increased law enforcement, and technological advancements have contributed to climate gains in Brazil, Ecuador and beyond.

Vehicle Regulations on Trial

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

Governor Gavin Newsom announces he will sign landmark climate disclosure bills SB 253 and SB 261!

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

The Climate Overshoot Commission Releases its Report

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

judicial review

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

How much is the Court likely to prune back EPA’s powers?

Giving the President more control of regulation has been a good thing — up to a point.

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

The Court’s ruling could have important implications for environmental cases.

This is what it looks like when judges just buckle down and do their jobs.

The Trump Administration loses an environmental case. Again.

The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise

Does the Gundy decision spell doom for modern government?

A new Issue Brief provides practical proposals on how to improve regulation.

TRENDING

Contrary to some, I think the answer is yes. And here’s how we can do it.

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

California’s Subnational Initiative

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Two pending cases could result in big cuts to agency powers

Pitting defence of our ‘way of life’ against climate policies is a recipe for division and inaction

“Job Killing” or “Overheating the Economy” — Which Is It?

…or even a guidebook?

The Supreme Court declared open season on the nation’s streams and wetlands. New regs are the result.

Elections, new government policies at the national and sub-national level, increased law enforcement, and technological advancements have contributed to climate gains in Brazil, Ecuador and beyond.

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.