Administrative Law

Climate Litigation 2020

Here’s the state of play and some thoughts about the future.

Trump Administration has been a fertile source of litigation. With the election only about three months away, this seems like a good time to see how things stand in climate-related case.  In a nutshell, climate litigation has been a growth industry under Trump, and the Administration has done poorly in court. The Current State of …

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Members of Congress Oppose Trump Administration’s Attempt to Revoke California’s Clean Car Standards

UCLA Law’s Frank G. Wells Environmental Law Clinic files a brief on behalf of 147 members of Congress in the D.C. Circuit

California has long led the fight against pollution from passenger vehicles, setting its first car emissions standards in 1966 before federal rules were established. After the Clean Air Act was passed in 1970, California retained authority to establish a series of more stringent vehicle emissions rules—with the most recent iteration of greenhouse gas emissions standards …

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders

California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against …

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Happy Birthday, Chevron Doctrine!

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Thirty-six years ago today, the Supreme Court decided the Chevron case.  The case gives leeway to agencies when their governing statutes are unclear or have gaps. It’s probably the most frequently cited Supreme Court opinion ever. But now the Chevron doctrine is under fire from conservatives, who used to be its strongest advocates. Here’s how …

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Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important  implications for administrative law — and for environmental law cases in particular.  Here are three main takeaways. Requiring Reasoned Explanation.  Chief Justice John Roberts reinforced the principle that …

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What Does Today’s Decision Holding that Employers Can’t Discriminate Against LGBTQ Employees Have to Do with Climate Change?

The case provides potent ammunition for using the Clean Air Act to regulate carbon pollution

Today’s blockbuster opinion in Bostock v. Clayton County, Georgia,  holding that employers can’t fire LGBTQ workers under Title VII of the Civil Rights Act, may seem far afield from the regulation of greenhouse gases under the Clean Air Act. But its reasoning could have huge implications for climate change action.   In saying that discrimination …

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Trump’s Latest Deregulatory Ploy: Emergency Waivers

Shaky legal authority, poor analysis, dubious benefits. What else is new?

In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The order is legally shaky and unlikely to accomplish much.  Still, it provided a nice photo op. Maybe he should have signed it in front of a church. I’ll talk later about the specifics, but first I’d …

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NEPA, emergencies and executive power

Once more we need to ask, can Trump do what he claims to be doing?

Late Thursday, the White House issued another in a seemingly endless series of administrative orders. Under the typically overblown title “EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” it was touted by the President’s team as a way to speed infrastructure permitting and another step …

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Roadmap For California To Phase Out Oil & Gas Production

New CLEE report released today with legal options for state policy makers & free May 12th webinar

California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly …

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Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund.  In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

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