Sierra Club

Sierra Club asks Gov. Brown to re-examine AB 32 cap-and-trade

On May 9, Sierra Club requested that Governor Jerry Brown “re-evaluate” the cap-and-trade rule promulgated by the California Air Resources Board.  The Sacramento Bee has some initial reactions and you can read the original letter here.  As noted in our earlier posts, CARB’s cap-and-trade rule has come under judicial scrutiny and its status is somewhat …

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The Mystery of Sierra Club v. Morton

  Sierra Club v. Morton is rightfully viewed as one of the most significant environmental decisions in Supreme Court history.  Although it hardly constituted a crimped or anti-environmental decision, it did go a long way to putting the brakes on environmental standing by ruling that the Sierra Club did not have the corporate standing to …

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Think Tanks, Advocacy Tanks, and the Kleiman Rule

Dan is absolutely right to distinguish between real think tanks and what I called “fake think tanks” (and what he calls, more generously, “advocacy tanks.”).  But what we need is some criterion for distinguishing the two: one key move of the modern Conservative Movement has been to dismiss all study as simply being the product …

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Court ruling will force EPA to take action it was required to take in 1983 (!)

It is not unusual for the federal government to neglect its statutory duties under federal environmental laws; when it does, citizen suits are the primary means of ensuring that the government follows the law.  Sometimes federal agencies’ inaction results from lack of resources, and sometimes it results from intentionally interpreting its duties in a minimalist manner.  In some …

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What does UUD mean?

A key legal standard in public lands law is being used by the Trump Administration to stop renewable energy, but in the long run the Administration’s position may advance environmentalists objectives.