Litigation

What foie gras and low carbon fuels have in common

Many of you may have heard of California’s ban on foie gras. The ban was signed into law in 2004 by that notorious hippie, Governor Arnold Schwarzenegger, but did not take effect until 2012. Fewer of you may be aware of the current litigation over California’s low carbon fuel standard (LCFS) program. Litigation concerning both …

CONTINUE READING

Federal Court Invalidates California’s Low Carbon Fuel Standard

U.S. District Judge Lawrence O’Neill has ruled that the California Air Resources Board’s pioneering Low Carbon Fuel Standard, a key component of California’s multifaceted strategy to reduce the state’s aggregate greenhouse gas emissions under AB 32, is unconstitutional.  In his December 29th ruling in Rocky Mountain Farmers Union v. Goldstene, the Fresno-based federal judge issued …

CONTINUE READING

Kivalina and the Courts: Justice for America’s First Climate Refugees?

It’s hard not to sympathize with the Native Alaskan inhabitants of the Village of Kivalina. The 400 residents of Kivalina, a thin peninsula of land in Alaska jutting into the Chuckchi Sea north of the Arctic Circle, have the dubious distinction of being among the first climate refugees in the U.S. Their town is literally …

CONTINUE READING

Paper or plastic, tax or not? Prop 26 challenge to LA County’s plastic bag ban

Wonder how broadly California’s Proposition 26 will be held to sweep?  A case filed this week is likely to be an early indicator. Many municipalities have recently placed limits on plastic bags.  Last year, LA County went further, banning certain stores from giving out single-use plastic bags or non-recyclable paper bags at checkout, and requiring …

CONTINUE READING

Major, Proposed CEQA Amendments Sent to California Governor Jerry Brown

In the waning hours of its just-concluded session, the California Legislature passed and sent to Governor Jerry Brown a package of bills that, if signed into law by Brown, will represent the most significant amendments to the California Environmental Quality Act (CEQA) in many years.  I believe it’s likely Brown will approve some or all …

CONTINUE READING

Guest Blogger Justin Pidot: The Gray Wolf Delisting Revisited

Last week, Holly  posted  an excellent discussion of the latest wranglings in the Fish & Wildlife Service’s ongoing effort to delist the gray wolf in the mountain west.  I share her discomfort with Congress’s decision to reinstate the delisting decision through an appropriations rider.  But stepping back from the arcane separation of powers questions dominant …

CONTINUE READING

Green litigation in China today

For those interested in the state of environmental litigation in China, China Dialogue, a bilingual site on China’s environment, ran an excellent series of articles last month on the topic.  I opened the series with an article entitled “Green litigation in China today.”  Here is an excerpt. Environmental litigation is difficult business in China. Even …

CONTINUE READING

Court allows California to continue developing cap and trade program pending appeal

This just in: Late today, a California appellate court granted the State’s request to stay (in other words, lift), pending appeal, the injunction issued by the lower court in Ass’n of Irritated Residents vs. CARB, the environmental justice community challenge to California’s work so far under its Global Warming Solutions Act (AB 32).  Absent any …

CONTINUE READING

The Endangerment Litigation

I’ve just spent some time reading the initial briefs in the D.C. Circuit on the endangerment issue.  They strike me as much more political documents than legal ones. A brief recap for those who haven’t been following the legal side of the climate issue.  After the Bush Administration decided not to regulate greenhouse gases under …

CONTINUE READING

TMDL Fight Brewing in Chesapeake Bay

On December 29, 2010, EPA finalized a plan to reduce nutrient pollution in Chesapeake Bay by implementing a Total Maximum Daily Load (TMDL) budget using its Clean Water Act authority. That plan will require a 25% reduction in nitrogen, a 24% reduction in phosphorus and a 20% reduction in sediment throughout the watershed. This includes …

CONTINUE READING

TRENDING