standing Archives - Legal Planet

standing

State Government Standing and Environmental Law

The Supreme Court seems to be cooling to the idea of empowering state AGs.

Massachusetts v. EPA, the cornerstone climate case, contains an extensive discussion of standing which opens by saying that lawsuits by state governments are entitled to “special solicitude.” In the last few weeks of its term, the Supreme Court opined repeatedly on state standing. “Special solicitude” seems to be on the wane. Overall, I that might …

Continue reading “State Government Standing and Environmental Law”

Individuals Making a Difference

Two stories of the unknown environmental advocates behind major Supreme Court decisions.

My students often wonder whether they can actually make a difference. I like to tell them the story of Joe Mendelsohn. Mendelsohn, who worked at a tiny, obscure non-profit, decided that EPA needed to address climate change. His efforts, recounted in a book by Richard Lazarus, led to the Supreme Court’s blockbuster opinion in Massachusetts …

Continue reading “Individuals Making a Difference”

Unprecedented Legal Questions

The climate crisis is unprecedented. So is its legal fallout.

In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing …

Continue reading “Unprecedented Legal Questions”

Smoke But No Fire

No, the draft Supreme Court abortion decision doesn’t threaten the standing of environmental groups

The implications for environmental law are far from being the most important aspect of the leaked draft of a Supreme Court opinion overruling Roe v. Wade. The aggressiveness of the opinion in the Dobbs case signals a kind of activism that is definitely worrisome in other areas. At the end of last week, however, there …

Continue reading “Smoke But No Fire”

1990: The Year the Courts Discovered Climate Change

Cases were few, but one judge was years ahead of her time.

In an earlier post, I tried to figure out when the legal academy first discovered climate changes. As it turns out, it was almost a decade later when the federal courts took notice. Those first climate change cases shed light on how new issues get litigated and how courts respond to new science. My research …

Continue reading “1990: The Year the Courts Discovered Climate Change”

Guest Contributors Matt Lifson, Camila Bustos, and Natasha Brunstein: Redressability of Climate Change Injuries after Juliana

Juliana Litigation’s Disappointing Result Leaves Room for Future Climate Plaintiffs to Allege Redressable Injuries

In the landmark Juliana litigation, the youth plaintiffs sought a judicial decree telling the federal government to develop and implement a plan to do its part to reduce atmospheric CO2 concentrations to 350 ppm. The Ninth Circuit dismissed Juliana, holding that the youth plaintiffs’ constitutional and public trust claims were not redressable by an Article …

Continue reading “Guest Contributors Matt Lifson, Camila Bustos, and Natasha Brunstein: Redressability of Climate Change Injuries after Juliana”

Guest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision

Juliana Litigation Provides Clues for Establishing Standing in Future Cases

For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock …

Continue reading “Guest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision”

Deciding a Climate Case in the Shadow of the Supreme Court

Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision

The irony of the Ninth Circuit decision dismissing the Juliana v. United States case this week is plain to see. Two branches of government — the legislative and executive – have failed to act to address an environmental problem that may cause the destruction of the federal government itself. The third branch, the judiciary, recognizes the …

Continue reading “Deciding a Climate Case in the Shadow of the Supreme Court”

Does the Future Have Standing?

Climate change may devastate future generations. Is there a way to get their interests before the courts?

Climate change is not just a long-range problem; it’s one that will get much worse in the future unless major emissions cuts are made. For instance, sea levels will continue to rise for centuries. But the people who will be harmed by these changes can’t go to court: they haven’t been born yet. How can …

Continue reading “Does the Future Have Standing?”

What’s Wrong with Juliana (and What’s Right?)

The odds against the “children’s case” are bad and getting worse. But there’s a valid insight at its core.

Juliana v. United States, often called the “children’s case,” is an imaginative effort to make the federal government responsible for its role in promoting the production and use of fossil fuels and its failure to control carbon emissions. They ask the court to “declare the United States’ current environmental policy infringes their fundamental rights, direct the …

Continue reading “What’s Wrong with Juliana (and What’s Right?)”

Can We Use Regulation to Reduce Inequality?

Contrary to some, I think the answer is yes. And here’s how we can do it.

An Important Groundwater Bill Lands on the Governor’s Desk

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Overshoot Commission Addresses Geoengineering

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

No, There’s No Scientific Conspiracy About Climate Change

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

A Summer Job, Record Heat, Climate Hope

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Action on Methane

California’s Subnational Initiative

A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Vehicle Regulations on Trial

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

The Overshoot Commission Addresses Geoengineering

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

standing

The Supreme Court seems to be cooling to the idea of empowering state AGs.

Two stories of the unknown environmental advocates behind major Supreme Court decisions.

The climate crisis is unprecedented. So is its legal fallout.

No, the draft Supreme Court abortion decision doesn’t threaten the standing of environmental groups

Cases were few, but one judge was years ahead of her time.

Juliana Litigation’s Disappointing Result Leaves Room for Future Climate Plaintiffs to Allege Redressable Injuries

Juliana Litigation Provides Clues for Establishing Standing in Future Cases

Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision

Climate change may devastate future generations. Is there a way to get their interests before the courts?

The odds against the “children’s case” are bad and getting worse. But there’s a valid insight at its core.

TRENDING

Contrary to some, I think the answer is yes. And here’s how we can do it.

Guest Contributors Gabi Rosenfeld, Owen McAleer, and Adrianne Davies say AB 779, a bill they worked on with State Assemblymember Lori Wilson, will address inequities in groundwater adjudications.

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

California’s Subnational Initiative

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Two pending cases could result in big cuts to agency powers

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.

The Commission tries to make it OK to talk about – not do – solar geoengineering. Its report proposes a moratorium, coupled with efforts to carefully build knowledge.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative