Litigation
What’s Left of NEPA?
It’s already taken three major blows. Yet opponents seem to fear it as much as ever.
In effect, NEPA has been poisoned, bludgeoned, and stabbed in succession by the three branches of government. You would think that NEPA reform might seem less urgent after all that. Yet permit reformer still seem to think it’s as dangerous as ever, like a vampire that can only be killed by a wooden stake through the heart at midnight.
CONTINUE READINGGolf. Trump. Lies. And NEPA.
What more could you ask for in a single court opinion?
In a Monday ruling, Judge Reyes told the government to stop work on Trump’s plan to demolish a D.C. public golf course and replace it with one for pro tournaments. There are intriguing legal issues: whether a President’s social media posts can establish the basis for judicial review; whether golfers have standing to sue to preserve an existing course; how to deal with apparent dishonesty by government lawyers; and last but not last, whether the Supreme Court has eliminated NEPA’s segmentation doctrine. All in a beautifully written district court opinion.
CONTINUE READINGBlowing in the Wind
The Trump Administration once again proves shortsighted and spiteful.
Just as sponsors are making a push to get a bipartisan permit reform bill through the lame duck session of Congress, the Trump Administration has apparently decided to sabotage the process. Democrats have worried that it does no good to streamline permitting for clean energy projects if the government simply yanks the permits later. That’s exactly what the Administration is planning to do, yet again, in a case where it has repeatedly lost in court.
CONTINUE READINGThe Arguments We Did and Didn’t Hear in Suncor v. Boulder
Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.
The Supreme Court heard oral arguments today in Suncor Energy v. County Commissioners of Boulder County. At issue is whether the city and county of Boulder can move forward with its state court case against defendants Exxon Mobil Corporation and Suncor Energy for allegedly deceiving the public about their products’ role in climate change. Some …
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CONTINUE READINGGet Out the (Green) Vote
The Drain is a roundup of environmental and climate news from Legal Planet.
Paying people for their vote in the midterms was one of those bizarre ideas that Trump floated and even some Republicans dismissed. But there is actually an incentivized Get Out the Vote effort happening right now that makes more sense (and is legal). Patagonia, a longtime corporate supporter of environmental activism, is offering customers a …
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CONTINUE READING‘Solar for All’ Victories and the Future of Grantee Litigation
Two courts vacated U.S. EPA’s termination of solar funds. Guest contributor Adam Earl King outlines what to watch for on appeal.
Guest contributor Adam Earl King is a student at The University of Texas School of Law (JD ’27) and a Summer ’26 Legal Research Assistant at UC Berkeley’s CLEE. This time last year, local-government and non-profit grantees’ hearts dropped when EPA Administrator Lee Zeldin announced via X that he’s ending the “boondoggle.” The so-called “boondoggle” …
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CONTINUE READINGI Skipped NY Climate Week and Read These Books Instead
The Drain is a roundup of environmental and climate news from Legal Planet.
Climate World descended on New York City this week for the annual mad dash of panel discussions, press briefings, newsmaker interviews, influencer gatherings, and sponsored parties that is NY Climate Week, but I stayed home and read books instead. To be more specific, I went to my local bookstore (Village Well in Culver City!) …
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CONTINUE READINGUCLA Law Clinics File Brief in the “Mecheros” Case
UCLA’s Human Rights Litigation Clinic and Environmental Law Clinic represent experts in a long-running case that seeks to stop harmful gas flaring in Ecuador.
Guest Contributors Incia Haider and Enrique Garcia are J.D. candidates of UCLA School of Law, ‘27. This month, the Human Rights Litigation Clinic and the Frank G. Wells Environmental Law Clinic at UCLA School of Law filed an amicus brief with the Constitutional Court of Ecuador on behalf of a group of law professors and international legal scholars: our own Kate Mackintosh of UCLA Law, …
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CONTINUE READINGThe Polluter-Pays Principle and Its Enemies
An essay by Alejandro Camacho and Robert L. Glicksman on corporate fraud, weaponizing preemption, and the survival of climate accountability.
This post by Alejandro Camacho and Robert L. Glicksman is an excerpt from an article first published in the University of Chicago Law Review. On the morning of December 30, 2021, the Marshall Fire ignited in Boulder County, Colorado. Driven by hurricane-force winds and fueled by vegetation desiccated by years of drought, it burned more than six …
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CONTINUE READINGThe EPA Power Plant Rule Repeal Don’t Make No Sense
The Drain is a roundup of environmental and climate news from Legal Planet.
The hair-on-fire news this week was the Environmental Protection Agency announcing that it is repealing rules that limit planet-warming greenhouse gas emissions from power plants fueled by coal and fossil gas. I saw the headline (“EPA Poised to Repeal Carbon Rules for Coal, Gas Power Plants“) on Sunday evening, when Zahra Hirji, Jen Dlouhy, and …
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