U.S. Court of Appeals for the Ninth Circuit
Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit
Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued an order that likely ends one of the most closely-watched climate change lawsuits in recent American legal history: Juliana v. United States. The background of this litigation–which was filed in federal district court in Oregon in 2015–has been analyzed at length in …
Continue reading “Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit”
CONTINUE READINGTrump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers
U.S. Court of Appeals Rules Unconstitutional Trump Administration’s Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction
Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense. The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined …
Continue reading “Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers”
CONTINUE READINGNinth Circuit Hands California Local Governments Big Climate Change Win
Local Governments’ Climate Change Lawsuits Against Big Energy Belong in State Courts, Court of Appeals Rules
Today the U.S. Court of Appeals for the Ninth Circuit handed numerous California local governments a major win over major oil, gas and coal companies in several of the nation’s most consequential set of climate change lawsuits. The Ninth Circuit did so in two separate opinions; County of San Mateo v. Chevron Corporation and City of …
Continue reading “Ninth Circuit Hands California Local Governments Big Climate Change Win”
CONTINUE READINGAwaiting the Climate Change “Trial of the Century”
Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October
The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial …
Continue reading “Awaiting the Climate Change “Trial of the Century””
CONTINUE READINGNinth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters
Maui County can’t evade permitting requirements by sending wastewater to injection wells hydrologically connected to ocean waters
It was a great exam question (at least I thought so — you’ll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground through injection wells located a short distance from the ocean require an NPDES permit under …
CONTINUE READINGThe Ninth Circuit Court of Appeals’ Most Important Environmental Law Decisions of 2017
Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket
Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit …
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
