Justice Stephen Breyer Archives

Justice Stephen Breyer

Supreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property

What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?

In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes. Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …

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Justice Breyer’s Nuanced Voice for the Environment

Not much for rhetoric, but a reliable vote for environmental protection.

Given Justice Breyer’s announced retirement, it seems like a good time to assess his contribution to environmental law. When Bill Clinton nominated him for the Supreme Court, there was a great deal of uneasiness among environmentalists about Justice Breyer. As an academic, he had sounded a cautious note about government regulation, calling for more deliberation …

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The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year. Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

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Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund. In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

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

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.

Justice Stephen Breyer

What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?

Not much for rhetoric, but a reliable vote for environmental protection.

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

Join Our Mailing List

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

TRENDING

California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.

The global transformation to an economy fueled by clean energy can’t be stopped. Trump could slow down U.S. progress though.

New CLEE Report Identifies Key Challenges and Opportunities in the State’s Adaptation Funding Landscape

Laws like the Inflation Reduction Act may have more sticking power than regulations.

New CLEE Report Release & Webinar on Wednesday, November 13th at noon PT

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.

Reframing Infrastructure Investments to Realize an Equitable Transition

The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.

A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.