standing to sue
Does the New National Climate Assessment Hurt the Trump Administration in Court?
The Report Could Affect a Number of Cases
The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public impact by dropping it on Black …
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CONTINUE READINGNew 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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CONTINUE READINGHow 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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CONTINUE READINGU.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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CONTINUE READINGPaper or Plastic?
The California Supreme Court today issued a significant decision interpreting and applying California’s most important environmental law–the California Environmental Quality Act, or CEQA. The issues in Save the Plastic Bag Coalition v. City of Manhattan Beach were: 1) whether a Southern California beach community was required to prepare an environmental impact report (EIR) under CEQA …
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