Ninth Circuit Court of Appeals

Native American Treaties, Declining Salmon Populations, Broken Promises & Environmental Justice

Pending Washington v. U.S. Supreme Court Decision Offers Hope & Vindication for Tribes, Coastal Fisheries

Truth be told, the U.S. Supreme Court’s 2017-18 Term has been an unsually quiet one for environmental and natural resources law.  Until now. This week the Supreme Court heard oral arguments in a last-minute addition to the Court’s current docket.  Washington v. United States, No. 17-269, a case the justices only accepted for review in January, …

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Trump Administration Seeks Ninth Circuit Review in Pioneering “Atmospheric Trust” Case

U.S. District Judge Has Denied Government’s Effort to Dismiss Cutting-Edge Public Trust/Climate Change Case

Back in August 2015, I blogged on a then newly-filed federal lawsuit in which a coalition of children and their legal guardians sued the federal government to challenge the government’s proposed approval of a controversial liquefied natural gas (LNG) terminal proposed to be located on the Oregon coast.  That lawsuit contends that approval of the project would …

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Tahoe Regional Planning Agency Wins Big in Ninth Circuit

U.S. Court of Appeals Rejects Challenge to TRPA’s Regional Plan

This week the Tahoe Regional Planning Agency (TRPA) won a major legal victory in the U.S. Court of Appeals for the Ninth Circuit.  A unanimous three-judge panel of that court rejected environmentalists’ challenge to TRPA’s adopted Regional Plan for the Lake Tahoe Basin in Sierra Club v. Tahoe Regional Planning Agency.   The Ninth Circuit decision effectively …

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California’s Low Carbon Fuel Standard: Before the Supreme Court

Will the Justices Choose to Decide the LCFS’s Constitutionality?

You might think that the U.S. Supreme Court, having decided the Utility Air Regulatory Group v. EPA Clean Air Act case on Monday, was done for the current Term when it comes to environmental law and policy. Think again. Today the justices met in conference to decide whether to grant review in a large number of pending …

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New Standing Barriers Erected for Federal Court Climate Change Litigation

Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts

In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …

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U.S. Supreme Court Rules for Property Owners–Again

Observers continue to await the third and most significant property rights case on the Supreme Court’s docket this Term–Koontz v. St. Johns River Water Management District–which should be released later this week.  In the meantime, another property rights case was decided by the justices earlier this month that, while largely overlooked by the media, represents …

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Not With a Bang, But With a Whimper…

As the current U.S. Supreme Court term winds down–the justices’ final opinions are due next week–attention begins to turn to the Court’s next session, scheduled to begin in October 2013. Until this week, the justices had one environmental law case on their docket for next year: U.S. Forest Service v. Pacific Rivers Council, No. 12-625. …

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How the Pacific Rivers Council case could affect environmental law

As Rick has already noted, a couple of weeks ago the Supreme Court granted cert to review the Ninth Circuit’s decision in U.S. Forest Service v. Pacific Rivers Council.  Rick expressed pessimism about whether the Ninth Circuit’s decision would be upheld in the Supreme Court.  I think he’s probably right about that, but there are …

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U.S. Supreme Court Grants Review in Pacific Rivers Council Case

Today the U.S. Supreme Court granted certiorari in a major forestry and NEPA case from the Ninth Circuit Court of Appeals: U.S. Forest Service v. Pacific Rivers Council, No. 12-623. The case will be argued and decided in the Court’s next (2013-14) Term. The issues the justices have agreed to consider in Pacific Rivers Council are threefold: …

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Supreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit

This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals.  The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …

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