Environmental Justice
Supreme Court agrees to hear TX-OK water dispute: Tarrant Regional Water District v. Herrmann
On Friday, the U.S. Supreme Court agreed to review Tarrant Regional Water District v. Herrmann (No. 11-889), an appeal from the 10th Circuit regarding apportionment of the Red River, which forms the southeastern border between Oklahoma and Texas. At issue before the Court is whether it is “OK” for a Texas water supplier to obtain …
CONTINUE READINGIs a rider an earmark?
Environmentalists have long bemoaned appropriations riders — where Congress inserts a matter of substantive law into a budget appropriations bill. For instance, EPA gets a budget, but may not use any funds to enforce or promulgate a controversial regulation. Sometimes Congress just changes the underlying law, permanently or temporarily. Appropriations bills are enormous, so it’s …
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CONTINUE READINGYes, California Can Spend the Cap-and-Trade Auction Proceeds
California’s 2012-13 budget assumed that $500 million of cap-and-trade auction proceeds could be used to offset the cost of greenhouse gas emission reduction programs traditionally supported by the General Fund. Two recent stories, one in the San Francisco Chronicle, the other in ClimateWire, report that since the California Legislative Analyst’s office found only $100 million …
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CONTINUE READINGCalifornia electricity consumers may receive cap-and-trade dividend
As I mentioned on Monday, the 23.1 million greenhouse gas (GHG) allowances (current-vintage) sold at the cap-and-trade auction on Monday were all consigned to auction by utility companies. The $233 million generated by that sale must now be used by those utilities to the benefit of ratepayers. Last Friday, the California Public Utilities Commission (CPUC) issued its …
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CONTINUE READINGBreakdown of the $4.5 Billion BP Criminal & Securities Settlements
As Richard noted in an earlier post, today, British oil company and deep water drilling giant, BP, announced that it had reached settlements of all federal criminal and securities claims related to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico with the Securities and Exchange Commission (SEC) and the U.S. Department of …
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CONTINUE READINGOne Additional Legal Challenge To AB 32: Prop 26
One addendum to my post on new developments and cap-and-trade. I should have mentioned that Proposition 26 — which tightened the 2/3s vote requirement for taxes to include fees — may be the basis for another legal challenge to the cap-and-trade program. California voters approved Prop 26 in 2010. Unless Prop 26 is found to …
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CONTINUE READINGWhat might the election mean for environmental law?
Three quick thoughts on the implications of the election for environmental law in general, and greenhouse gas regulation in particular: (1) Congress will matter less. A stronger Democratic majority in the Senate and a reelected Obama mean that the courts are probably the only thing standing between full implementation of EPA’s carbon dioxide regulations under …
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CONTINUE READINGShould 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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CONTINUE READINGPresident 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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CONTINUE READINGNinth 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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