Supreme Court Archives - Legal Planet

Supreme Court

What’s a Major Question? Opinions differ.

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

In West Virginia v. EPA, the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. Once an issue reaches a certain level of significance, the Court says, Congress generally would want to make its own decision rather than allowing an agency like EPA to decide. Scholars have criticized the opinion …

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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.

With Biden two-thirds of the way through his term in office, he seems to be catching a lot of flack from climate activists. On Sunday, thousands of angry demonstrators gathered to protest Biden’s U.N. visit. “If you want our vote if you don’t want the blood of our generations to be on your hands, end …

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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 …

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Donald Trump vs. The MQD

Ironically, a conservative legal doctrine might block some of his excesses.

Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …

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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 …

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After Sackett: A Multi-Prong Strategy

The Supreme Court’s wetlands opinion was terrible. Now what we do?

The Supreme Court’s opinion in the Sackett case dramatically curtails the permitting program covering wetlands. We urgently need to find strategies for saving the wetlands the Court left unprotected. We have a number of possible strategies and need to start work on implementing them immediately. Sackett was unquestionably a major blow, reducing federal jurisdiction over …

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Has the Supreme Court Declared Open Season on Interstate Commerce?

How to read a baffling Supreme Court ruling.

If you’re a lawyer or a lower court judge, you know you’ve got a problem when the Supreme Court’s opinion begins with a list of parts of the opinion that do or don’t have a majority, along with a list of what different permutations of judges said what about the issues. The Pork Producers case …

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Taming the Dormant Commerce Clause

A new Supreme Court opinion is good news for state climate regulators.

Although the Constitution does not say so directly, the Supreme Court has said there are implied limits on state regulations that interfere with interstate commerce.. This is known as the dormant commerce clause doctrine. State clean energy laws have been bedeviled by challenges based on this doctrine. The Supreme Court has just made it easier …

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The Car Rule and the Major Questions Doctrine

Claims that the new rule violates the doctrine are groundless.

Ever since the Supreme Court decided West Virginia v. EPA, conservatives and industry interests have claimed that just about every new regulation violates the major question doctrine. When the Biden Administration ramped up fuel efficiency requirements through 2026, ideologues such as the Heartland Institute and states like Texas were quick to wheel out this attack. …

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When Is It Legal to Consider Race in Regulating?

Two upcoming Supreme Court decisions will tell us a lot about the answer.

On Halloween, the Supreme Court heard oral argument in cases brought by Students for Fair Admissions (SFFA) against Harvard and UNC. These cases seem likely to move the Court closer to requiring colorblindness. How would that impact EPA’s ability to pursue environmental justice? Based on comments of the Justices during the arguments in the Harvard …

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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

Income-Based Electric Bills: Fact and Fiction

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

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.

Supreme Court

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

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

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

Ironically, a conservative legal doctrine might block some of his excesses.

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

The Supreme Court’s wetlands opinion was terrible. Now what we do?

How to read a baffling Supreme Court ruling.

A new Supreme Court opinion is good news for state climate regulators.

Claims that the new rule violates the doctrine are groundless.

Two upcoming Supreme Court decisions will tell us a lot about the answer.

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

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

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.