Environmental Justice

Looking Back: Three Decades of an Environmental Law Casebook

Ann Carlson and I have just sent West the manuscript for the 8th edition of“Environmenal Law: Cases and Materials.” (The third member of our author team, Jody Freeman, didn’t participate in the revision because of her White House duties.)  Some thirty years ago, Roger Findley and I started work on the first edition of the …


Public Enemies: EPA’s Most Wanted List

EPA has a list of fugitives, all of them wanted in connection with environmental crimes. Defendants charged with environmental crimes or violations of the U.S. Federal Criminal Code sometimes flee the court’s jurisdiction and/or the USA rather than face prosecution or to serve a sentence. When these circumstances occur, the defendants become fugitives from justice. …


The U.S. Supreme Court; the Environment – It’s Not Too Late to Get Briefed

Recently, Berkeley Law’s environmental faculty presented a fast-paced, informative webcast on the numerous, key environmental law decisions handed down by the United Supreme Court in its just-concluded Term. The 90-minute webcast was sponsored and hosted by Berkeley Law’s Center for Law, Energy & the Environment (CLEE). Berkeley Law professors Dan Farber, Holly Doremus, Eric Biber …


Comment Period for Endangerment Finding Expires Tomorrow

GOP lawmakers and industry sources have requested unsuccessfully that the comment period be extended. Since the Supreme Court’s ruling in Mass. v. EPA, it has been clear that EPA would have to make a finding one way or another, so everyone has been on notice for a long time that this was coming. Moreover, if …


New Standing Decision

The Supreme Court announced its decision in Summers v Earth Island Institute this morning.  The full opinion is on the Supreme Court site.)  In a 5-4 split, the Court denied standing in an opinion by Justice Scalia.  As Justice Stevens’ dissent explains: The Court holds that the Sierra Club and its members along with other …