Environmental Justice
California Sued Again Over Cap-and-Trade Program
Pacific Legal Foundation filed suit today against the state’s Air Resources Board on the grounds that the auction of allowances under California’s cap-and-trade program constitutes an unconstitutional tax. In the new suit, Morning Star Packing Company v. California Air Resources Board, PLF argues that a) the auctioning of revenues constitute a tax which b) requires …
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CONTINUE READINGGood environmental data matters for environmental litigation
If you aren’t reading Dave Owen’s blog posts over at Environmental Law Prof Blog, you should be. His most recent post is about a recent Endangered Species Act (ESA) case in Texas: Environmental plaintiffs sued, arguing that the state of Texas had allowed too many water withdrawals upstream from the Aransas National Wildlife Refuge, a critical breeding …
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CONTINUE READINGHow the Pacific Rivers Council case could affect environmental law
As Rick has already noted, a couple of weeks ago the Supreme Court granted cert to review the Ninth Circuit’s decision in U.S. Forest Service v. Pacific Rivers Council. Rick expressed pessimism about whether the Ninth Circuit’s decision would be upheld in the Supreme Court. I think he’s probably right about that, but there are …
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CONTINUE READINGClimate Adaptation and the Two Chinas (and the Two Brazils, and the Two Indias….)
The world used to be divided into developed countries and developing countries, but a third group has now taken the stage: emerging economies like China, India, and Brazil that are growing very rapidly but haven’t yet attained developed country status. But development in these countries is uneven. In China, for example, there has been explosive …
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CONTINUE READINGDid the Supreme Court just shut the courthouse door on environmental plaintiffs?
It’s not an environmental law case, but the Supreme Court’s decision in Clapper v. Amnesty International has a lot of environmental law folks talking. Clapper was a lawsuit that sought to challenge the constitutionality of a provision of the Foreign Intelligence Surveillance Act (FISA) that allowed the government to monitor a range of communications by …
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CONTINUE READINGBenedict XVI, Environmentalist Pope
Pope Benedict announced today that he is stepping down. As Pope, he was a strong supporter of the environment. For example, he has said this to say about sustainable development: The protection of the environment, and the safeguarding of resources and of the climate, oblige all leaders to act jointly, respecting the law and promoting solidarity with the weakest regions of the world (cf. …
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CONTINUE READINGIs CEQA “Greenmail” A Problem?
Via PropertyProf blog, here’s an article on the real estate blog LA Curbed in which they disclose a previously secret settlement agreement between an LA neighborhood group and a local developer. The agreement resolved potential CEQA litigation by the neighborhood group against a possible condo development proposed by the developer. In particular, Curbed is outraged …
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CONTINUE READINGNew Symposium on Disaster Law
The Duke Environmental Law and Policy Forum has just published a great symposium on disaster law. The authors include some leading lights in environmental law, and for good reason, since disaster issues and environmental law are closely related. Here are links to all of the individual articles: Articles Introduction: Legal Scholarship, the Disaster Cycle, and …
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CONTINUE READINGWhy Monitoring Matters
There’s been a lot of discussion here about the failings of the latest Supreme Court environmental decision in Los Angeles County Flood Control District v. NRDC. I don’t really want to pile on with those criticisms – though it is baffling to me that the Court wasted its very limited judicial resources correcting the Ninth …
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CONTINUE READINGSupreme 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 …
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