Litigation
Clean Air versus States Rights
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 …
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CONTINUE READINGThe Roberts Court’s Corporate Romance
Forty years ago, before going on the Supreme Court, Lewis Powell wrote a call to arms for business interests, calling on them to counter “enemies of the free enterprise system” like Ralph Nader. Among other things, he recommended a concerted campaign to influence the courts. The campaign seems to have been a success. The NY Times …
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CONTINUE READINGGood environmental data matters for environmental litigation
If you aren’t reading Dave Owen’s blog posts over at Environmental Law Prof Blog, you should be. His most recent post is about a recent Endangered Species Act (ESA) case in Texas: Environmental plaintiffs sued, arguing that the state of Texas had allowed too many water withdrawals upstream from the Aransas National Wildlife Refuge, a critical breeding …
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CONTINUE READINGEnvironmentalists Sue Over New Lake Tahoe Plan: Is the Perfect the Enemy of the Good?
The Sierra Club and a local neighborhood group recently sued the bistate Tahoe Regional Planning Agency, challenging TRPA’s just-adopted Regional Plan for the Lake Tahoe Basin. That development strikes me as unfortunate and counterproductive. Let me briefly explain why. The Lake Tahoe Basin, which straddles the California-Nevada border, has since 1968 been governed under a bistate Compact negotiated …
CONTINUE READINGWhat 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 …
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CONTINUE READINGFederal 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 …
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CONTINUE READINGKivalina 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 …
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CONTINUE READINGPaper 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 …
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CONTINUE READINGMajor, 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 …
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CONTINUE READINGGuest 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 …
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