Obama Adminstration

State AGs Ready to Attack Constitutionality of California’s AB 32

An important postscript to my earlier post regarding Berkeley Law’s/CLEE’s newly-published white paper on Proposition 23. That’s the California initiative measure that, if approved by voters this November, would suspend implementation of that state’s Global Warming Solutions Act, better known as AB 32. The San Francisco Chronicle reports today that the Attorneys General of Alabama, …


Property Rights, Coastal Protection and the Roberts Court

Today the U.S. Supreme Court hears oral arguments in the most consequential environmental case of the current Term: Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-1151. This case bears close watching, for several reasons. First, the litigation represents the Roberts Court’s first foray into the longstanding legal and policy debate pitting …


Coeur Alaska–A Shifting Legal Position by the Obama Administration?

As the U.S. Supreme Court Term winds down, only one environmental case on the Court’s docket remains undecided: Coeur Alaska v. Southeast Alaska Conservation Council, No. 07-984. That case, which involves the relationship between the Clean Water Act’s water pollution control (NPDES) and its wetlands dredge-and-fill programs, arises in the context of a proposed gold …