Stephen Reinhardt

“Female Roommate Wanted”

It’s a fairly standard advertisement.  But for years, many scholars and lawyers have thought it constitutes illegal sex discrimination under the Fair Housing Act.  In Fair Housing Council v.,  a recent opinion by Alex Kozinski and joined by Stephen Reinhardt (so there’s your first surprise), the 9th Circuit has said that such ads are permissible. I realize …


Globalizing Public Nuisance

Let’s assume, as most of us on this blog do, that the Supreme Court will get rid of the public nuisance climate change when it decides Connecticut v. AEP a few weeks from now.  Does that get rid of public nuisance climate cases?  Not necessarily. Whatever one may think of the Clean Air Act’s displacement …


Ninth Circuit allows landowner to challenge impaired water listing

UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …