Signs of internal tensions within the conservative supermajority could be good news for environmental protection.
Back in the days of the Soviet Union, people known as Kremlinologists used to try to figure out what was going on behind the scenes by seeing who was standing next to whom in official photos. We have a bit more visibility into the Supreme Court, but only a bit. That being said, there are …CONTINUE READING
No, the draft Supreme Court abortion decision doesn’t threaten the standing of environmental groups
The implications for environmental law are far from being the most important aspect of the leaked draft of a Supreme Court opinion overruling Roe v. Wade. The aggressiveness of the opinion in the Dobbs case signals a kind of activism that is definitely worrisome in other areas. At the end of last week, however, there …CONTINUE READING
California’s Most Important Annual Water Law Conference–Law Student Organized!–Set for April 9th
Registration is now open for California’s 2022 Water Law Symposium, scheduled for Saturday, April 9th. U.C. Davis School of Law has the honor of hosting this year’s Symposium, which is an extraordinary event in two respects: first, it is organized entirely by law students (rather than law firms, water organizations, law professors or commercial vendors). …CONTINUE READING
Fights over who should pay for power lines may become much easier to solve.
New high-power transmission lines have to run a regulatory gauntlet to get approved. One of the biggest barriers, however, isn’t about whether the line can be built but who will pay for it. That has turned out to be a much knottier problem than you might think. A decision by the D.C. Circuit on Friday, …CONTINUE READING
Here’s what you need to know about today’s oral argument in W. Va. v. EPA
The Supreme Court is hearing oral argument this morning in West Virginia v. EPA. The case is a challenge by the coal industry and coal states to EPA’s power to limit carbon emissions by power plants. Here’s what to look for today. Q: What is the case about? A: In practical terms, the question is what EPA …CONTINUE READING
A local environmental justice group’s victory in a recent California Environmental Quality Act (“CEQA”) exemption case highlights the importance of CEQA for environmental justice communities in California. After the group, Cudahy Alliance for Justice, challenged the City of Cudahy’s approval of an elementary and middle school on a hazardous waste site, Los Angeles Superior Court …CONTINUE READING
California may have denied due process for those questioning PGE’s penalty for starting the Kincade Fire
The Sonoma County District Attorney has been pursuing criminal charges against the Pacific Gas & Electric Company (PG&E) for its role in sparking the 2019 Kincade fire, which reportedly destroyed 374 structures and led to over $600 million in damages. These criminal charges returned to the news today because the District Attorney has asked to …CONTINUE READING
Frank G. Wells Clinic Faculty File Amicus Brief on Behalf of Law Professors in California Restaurant Association v. City of Berkeley
Supporting Berkeley’s ability to decide where utility infrastructure may be built
This week, as part of the Frank G. Wells Clinic in Environmental Law, Cara Horowitz, Julia Stein, and I filed an amicus curiae brief on behalf of seven law professors in the Ninth Circuit case California Restaurant Association v. City of Berkeley, in which the California Restaurant Association (CRA), an industry association, is challenging a …CONTINUE READING
The three front runners have track records, but they’re not easy to interpret.
Currently, the press seems to view Judges Michelle Childs, Ketanji Brown Jackson, and Leondra Kruger as the front runners to replace Breyer. That may shift over the next month, but it seems worthwhile to give these three a closer look. They’ve all decided environmental cases while on the bench. I assume most readers don’t want …CONTINUE READING
Justices Grant Review (Again) in the Sacketts’ Longstanding Wetlands Battle With the Government
This week the U.S. Supreme Court agreed to hear the case of Sackett v. USEPA, No. 21-454, an important appeal involving the scope of federal authority to regulate wetlands under the Clean Water Act. If the Sackett litigation sounds familiar, it should: the case has been pending for well over a decade, and this is …CONTINUE READING