Administrative Law Archives

Administrative Law

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. Like most observers, I was puzzled that the Court was bothering with the case before the D.C. Circuit even had a chance to consider the merits of the challenges. Months later, the Court has finally …

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The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.

NEPA in the Ninth

Can an agency just shortcut the whole process? The 9th Circuit says no.

On Wednesday, the Ninth Circuit decided a NEPA case that discusses two interesting issues. But what’s most striking isn’t what the court did discuss but what it didn’t mention : the fact that last year’s NEPA amendments speaks directly to one of those issues. Apparently the word that NEPA was extensively amended a year ago …

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The Supreme Court’s Top-10 Environmental Law Decisions

If these decisions had come out differently, environmental law would look very different than it does today.

Here’s what you really need to know about the Supreme Court’s rulings on environmental law — including its recent trend toward weakening environmental protection.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

At a dinner for oil industry CEOs last week, Trump promised to fulfill the industry’s every dream in return for a billion dollars in donations. We urgently need now is more federal climate action, not less. Yet the reelection of Donald Trump would wipe out years of federal climate action. It’s important to understand fully …

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Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

The Supreme Court is about to make a major decision about the balance of power between courts and agencies like EPA. Here’s what you need to know about the history if the issue to understand what’s going today.

Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The problem isn’t that EPA’s new climate regulation for power plants will crush the coal-fired generation industry. It’s that much of the industry is so economically weak it can’t survive any kind of regulation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

It’s not hard to imagine the conservative super-majority pursuing its campaign against regulatory agencies like vultures picking over the bones of environmental law. That’s certainly possible – vulture eggs do, after all, generally hatch into vultures. But it’s not by any means a done deal. There are multiple pathways the Court could take – none …

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U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …

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Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

I’ve blogged quite a bit about the challenges of interpreting the NEPA amendments, which snuck through as part of last year’s debt ceiling bill. I haven’t said much about their impact. Given the amount of energy infrastructure we need to build in the near future, a streamlined permitting process would be great. Alas, I don’t …

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Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Financing and Investment Strategies for an Equitable Clean Mobility Transition

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

Halftime Report: Environmental Bills Moving Forward

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

Administrative Law

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Can an agency just shortcut the whole process? The 9th Circuit says no.

If these decisions had come out differently, environmental law would look very different than it does today.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Probably not much. If at all.

TRENDING

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.