Environmental Justice

Should Environmental Lawyers Care about the Alien Tort Statute?

The Supreme Court term tomorrow opens with a bang: Kiobel v. Royal Dutch Petroleum, which has assumed very large significance in the international human rights community.  But should Legal Planet readers care?  I think that they should. The plaintiffs in Kiobel allege that Royal Dutch Petroleum (better known in the United States as Shell Oil) …

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President Obama Dissolves the Gulf Coast Restoration Task Force

Let’s rewind almost exactly two years to early October 2010.  In the wake of the BP Deepwater Horizon oil spill, the largest offshore oil spill in U.S. history, President Obama established the Gulf Coast Ecosystem Restoration Task Force, an advisory group of federal and state officials to coordinate federal Gulf Coast restoration activities.  The main …

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Ninth Circuit Finds Public Nuisance Lawsuit Unavailable to Address Climate Change Impacts on Threatened Native Alaskan Village

Today, the Ninth Circuit issued an opinion affirming a federal district court decision to dismiss the lawsuit filed by the Native Alaskan Village of Kivalina that sought damages from oil and electric power companies whose greenhouse gas emissions have contributed to climate change.   Kivalina contended that the companies’ greenhouse gas emissions constituted a public …

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Californians and the Environment: PPIC’s New Survey Results

The Public Policy Institute of California this week released the results of its 12th annual “Californians and the Environment” survey.  PPIC, a non-partisan think tank, always seems to be generating thought-provoking and cutting-edge scholarship focusing on the nation-state of California. Its latest environmental survey, based on recent polling of 2500 Californians, continues that tradition. The …

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California releases proposed rule to implement streamlining of environmental review for new California infill developments

As part of an effort to create more walkable, livable communities that reduce vehicle miles traveled and the greenhouse gas emissions that those vehicles generate, California is removing barriers to infill development.  Our governor and legislature are trying to create communities of homes and retail businesses that are closer together and closer to public transit. …

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Standing and the EPA Greenhouse Gas Emissions Decision

As I described in my earlier post of today about the Coalition for Responsible Regulation v. EPA decision upholding the Environmental Protection Agency’s greenhouse gas emissions rules, the D.C. Circuit Court of Appeals found that the plaintiffs — groups representing large industrial and manufacturing facilities and states that oppose any greenhouse gas regulations under the Clean …

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California Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction

Today, the California Court of Appeal  rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan.  EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32.  Their primary …

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EJ Advocates Renew Efforts to Block Cap and Trade

There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.

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Rent-seeking and property rights in environmental law

Jonathan Adler is guest-posting over at the Atlantic on conservative approaches to environmental law.  In general, I can only support someone who is valiantly trying to make arguments about why conservatives should support efforts to address climate change, and developing climate change policies that are consistent with conservative and libertarian principles.  But I want to …

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What Bonneville Salt Flats can teach us about CEQA exemptions

The Bonneville Salt Flats need to be saved.  The location where many of the world-records for land speed have been set is in danger.  A combination of years of racing, plus the construction of Interstate 80 and alterations in salt mining techniques has meant that the hard salt surface of the flats (similar in hardness …

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