General
The (Relatively) Unknown Treasures of the National Park Service
Our National Park System Consists of Far More Than Just National Parks
When most Americans think of the National Park Service, they contemplate the nation’s stellar collection of national parks: Yellowstone, Yosemite, the Everglades and the other 56 parks created by acts of Congress since 1872. But that’s only part of the story and holdings of the National Park Service, which celebrates its 100th birthday this week. …
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CONTINUE READINGSB 32 Passage Great News But Legislature Needs to Pass AB 197 Too
AB 197 Would Curtail California Air Resources Board Power, Potentially Restrict Cap-and-Trade
Ethan reported the good news today that the California Assembly passed SB 32, legislation that would extend California’s landmark climate change legislation to 2030 and require deeper cuts in emissions. The original legislation, AB 32, required that California cut its emissions to 1990 levels by 2020. SB 32 requires that the state achieve a 40 …
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CONTINUE READINGCalifornia Supreme Court Holds Unanimously that the State May Restrict Mining Methods on Federal Lands
Court in People v. Rinehart Upholds State Moratorium on Suction-Dredge Mining
Last year, as I discussed in a prior post, the California Supreme Court granted the State of California’s petition for review in the case of People v. Rinehart. I’m pleased to say that today, the Supreme Court has issued a unanimous opinion, authored by Justice Werdegar, in favor of the state’s moratorium on suction-dredge mining on federal lands. …
CONTINUE READINGNational Park Service Celebrates Centennial Anniversary
It’s Time to Celebrate–and Re-Commit to–“America’s Best Idea”
This week the National Park Service celebrates its 100th birthday. On August 25, 1916, Congress enacted legislation proposed by President Woodrow Wilson to create the Park Service. To this date, creation of the Service remains one of the nation’s most important actions to protect America’s environment. (Documentarian Ken Burns–himself a national treasure–famously called the national …
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CONTINUE READINGUpcoming Regulatory Takings Conference 2016
Nation’s Top Annual Takings Event Set for November 4th in New Orleans
One of the most important issues in modern environmental law and policy is the extent to which constitutionally-protected property rights limit environmental regulatory programs at the federal, state and local levels. Indeed, the U.S. Supreme Court has focused more attention on this question over the last four decades than any other aspect of modern environmental …
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CONTINUE READINGBeyond Administrative Law
Law students need to know about more than administrative procedure and judicial review.
Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools. It’s a great course, but it’s limited. The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative …
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CONTINUE READINGWhat Threatens Biodiversity?
Are we too worried about climate change to focus on the other problems we know about?
Yesterday, Nature published a noteworthy comment on the biodiversity crisis, written by researchers at the University of Queensland and the International Union for Conservation of Nature (IUCN). The piece is based on a study of 8,688 species that are classified on the IUCN’s Red List either as threatened (vulnerable, endangered, or critically endangered) or near-threatened. The main …
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CONTINUE READINGCalifornia Governor Jerry Brown Launches Initiative Effort to Achieve Climate Change Goals
Governor Brown Decides to Play Offense in High Stakes Political Battle Over Next Stage of State Climate Change Mitigation Efforts
One of 2016’s biggest political battles in California is over whether and how the state will pursue its ambitious climate change mitigation goals past the year 2020. California’s landmark Global Warming Solutions Act–better known as AB 32–committed California to roll back aggregate state greenhouse gas emissions to 1990 levels no later than 2020. Through the …
CONTINUE READINGThe Aviation Endangerment Finding
While we are watching the political conventions, EPA took an important step forward
Last Monday, EPA issued a formal finding that carbon emissions from commercial aviation endanger human health and welfare. Understanding the significance of the finding requires a little background. Section 231(a)(2) of the Clean Air Act directs the EPA Administrator to “issue proposed emission standards applicable to the emission of any air pollutant from any class …
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CONTINUE READINGWhither the 2016-17 Court on Environmental Cases?
Docket so far limited to a significant takings case, Murr v. Wisconsin
So far, the docket for the U.S. Supreme Court’s term beginning in October includes no significant statutory environmental case. It does include an important takings case that could limit or expand the land use powers of all levels of government to protect wetlands, endangered species habitat, and other ecologically sensitive parcels. Whether the Court ultimately …
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