Litigation

Greenhouse Gas Regulations Under the Clean Air Act Are Doomed

Will Kavanaugh Use the Major Questions Doctrine or the Non-Delegation Doctrine to Scrap Them?

The Democratic candidates all have bold plans to attack climate change but face an obvious problem: Congress. Unless the Democrats take the Senate and the Presidency while retaining the House, and unless the Democrats abolish the filibuster, it’s hard to imagine Congress passing comprehensive climate legislation (and even then getting legislation through will be a …

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Just in From the Supreme Court

The Court refused to hear two cases, but with noteworthy separate opinions.

The Supreme Court declined to hear two cases today.  Neither case was earthshaking, but conservative Justices wrote revealing separate opinions. The case with the greatest import for environmental law was Paul v. U.S. The facts of the case had nothing to do with environmental law, but the issue involved has large implications for environmental statutes. …

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Holmes, Brandeis, and the ‘Great Ponds’ Debate

Some issues are perennial, like property rights v. public rights in water.

I suppose most of you, like me, have never heard of the Watuppa Ponds.  But in 1888, a battle broke out over the legality of their use to supply drinking water for a nearby city.  The issue closely divided Massachusetts’s highest court, and led to a heated debate in the recently launched  Harvard Law Review …

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A New Tactic in Climate Change Litigation

Exxon logo

Unlike past lawsuits, a recent one may be able to accomplish more

Last week, closing arguments were presented in a potentially important climate change lawsuit, the People of the State of New York v. Exxon Mobil Corp. Such climate legal action seems increasingly common, or at least visible. In the US, 21 youths have brought a lawsuit against the federal government and fossil fuel companies for failing …

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Are You Sure That’s What You Want?

Automakers might get a federal “one national standard”…just not the one they seem interested in.

The Wall Street Journal reported today that the Trump administration will move to finalize its rollback of federal fuel economy and greenhouse gas emissions standards by the end of the year, and that, unlike the freeze previously proposed by the administration, the rule will require annual fuel economy improvements of 1.5 percent.  That’s still much …

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Let’s Commence an Economic Retaliation Initiative Against (Some) Automakers

Influencing Public Policy Through Individual & Collective Purchasing Decisions

At the risk of piling on, let me offer my own thoughts–and a specific proposal–regarding yesterday’s decision by General Motors, Fiat Chrysler, Toyota and the automakers’ trade organization to intervene in support of the Trump Administration in California’s recently-filed litigation challenging the feds’ attempted revocation of California’s Clean Air Act waiver. Legal Planet colleagues Ann …

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Looking Into USDOJ’s Lawsuit To Dismantle the California-Quebec Greenhouse Gas Cap-and-Trade Linkage Program

While DOJ Says It “Didn’t Consult With The White House,” There Are Clues the Case Is Politically-Motivated

My colleagues Ann Carlson and Cara Horowitz wrote last week about the Trump administration Department of Justice’s lawsuit against the California Air Resources Board, the Western Climate Initiative, and various California-based officials of both, claiming California is unlawfully trying to engage in foreign policy through its greenhouse gas cap-and-trade program’s linkage with Quebec. There appear …

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Let’s Get One Thing Straight

The waiver preemption lawsuit isn’t about one national fuel economy standard.

As Ann wrote yesterday, the Association of Global Automakers and the auto companies General Motors, Toyota, and Fiat Chrysler have stated their intent to intervene in pending litigation challenging the Trump administration’s rule to preempt California’s Advanced Clean Cars program, and any future tailpipe greenhouse gas (GHG) emissions standards the state and others might seek …

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General Motors Can’t Have It Both Ways

Several media outlets are reporting that General Motors, Toyota, and Fiat Chrysler are intervening on the side of the Trump Administration in California’s lawsuit challenging the federal government’s yanking of the state’s permission to issue its own tailpipe standards for greenhouse gases and to require zero emissions vehicles.  (Cara described the lawsuit here. Julia and …

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Is Trump’s California Climate Tantrum Bad Politics?

Here’s hoping so

Apparently it hasn’t been enough for the Trump Administration to roll back federal climate pollution standards for cars and power plants, announce its intent to withdraw from the Paris Agreement, promote coal usage even in the face of contrary market forces, and embrace expanded oil and gas drilling on public lands.  As my colleague Ann …

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