Litigation
What’s Next in the Fight over Berkeley’s Natural Gas Ordinance
In a petition seeking review of the decision, the City of Berkeley says that the opinion from a Ninth Circuit panel takes federal preemption too far.
The City of Berkeley just filed a petition for en banc review in its long-running litigation in defense of an ordinance it passed that restricts natural-gas infrastructure in new construction. This litigation has been watched by many in the climate-policy world because of the popularity of laws like Berkeley’s; it took on new relevance for local-authority …
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CONTINUE READINGA Climate Trial in Montana Sets the Scene for More
Held v. Montana is the first of many climate lawsuits by youth plaintiffs to go to trial. Big Sky Country is a fitting forum for this phase of climate change litigation.
Young people who have the most to lose from climate change have filed lawsuits in all 50 states, but the first of these cases to go to trial will be in Montana—unofficially nicknamed “the Last Best Place”—which may be the perfect venue for a landmark trial about government culpability for the global climate crisis. Starting …
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CONTINUE READINGEnvironmental Law Again Front-and-Center at California Supreme Court
Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices
For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only …
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CONTINUE READINGAir Quality Watchdog Agrees to Get Tougher on Refineries
There’s a favorable settlement in the case brought by Earthjustice on behalf of EYCEJ with help from UCLA law students.
Last year, the South Coast Air Quality Management District was accused of not properly enforcing a state law that requires petroleum refineries to install air-quality monitoring systems around their perimeter. Essentially, the air quality watchdog exempted smaller refineries from having to follow the rules. Now, the SCAQMD has agreed to reverse course and move to …
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CONTINUE READINGHow to Solve the Debt Ceiling Standoff? Sue Janet Yellen
A lawsuit by a federal debtholder could take the terrorists’ bombs from them.
We are now just a few weeks away from the House GOP blowing up the world and national economy, with awful environmental consequences as well.. At this point, it’s quite obvious what their strategy is: crash the global economy, and then blame President Biden for it. They aren’t interested in a deal, as even the …
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CONTINUE READINGSupreme Court Allows Major State, Local Government Climate Change Litigation to Proceed on Merits
Justices Decline to Intervene in Government Lawsuits Seeking Damages from Fossil Fuel Industry
This week the U.S. Supreme Court gave state and local governments a big–if preliminary–legal win against the fossil fuel industry. The justices declined to take up numerous cases in which government entities have sued oil, gas and coal companies, seeking compensation for the climate change-related damage the jurisdictions they claim to have suffered, and which …
CONTINUE READINGThree Questions about the Ninth Circuit Panel’s CRA v. Berkeley Decision
This recent decision has important implications for state and local efforts to protect their residents and reduce greenhouse-gas emission, but boy is it hard to wrap your head around.
On Monday, a three-judge panel of the Ninth Circuit issued a ruling in California Restaurant Association v. City of Berkeley, addressing whether the federal Energy Policy and Conservation Act (EPCA) invalidates a Berkeley municipal ordinance specifying when natural-gas infrastructure can be extended into new buildings. Many in the housing-quality and building-decarbonization space have been eagerly …
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CONTINUE READINGFighting Back Against Lawless Judges: What Does The Case Law Actually Say?
Current standards for declaratory judgments could allow the Biden administration to pre-empt.
Three weeks ago, I argued that the Biden Administration should use the declaratory judgment as a way of pre-empting lawless judges like Matthew J. Kacsmaryk and Reed O’Connor, both of (of course) Texas. I fleshed out the idea in a recent piece for The American Prospect. Since then, the problem has only gotten worse, as …
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CONTINUE READINGDo Climate Change Cases Belong in Federal Court? The Biden Administration Weighs In.
In a very narrowly argued brief, the Administration calls for returning the cases to state court.
The Biden Administration, at the Supreme Court’s invitation, has now filed a brief giving its views about current lawsuits against oil companies. The gist of the brief is that the cases belong in state court., and that the Court should let that happen rather than stepping into the litigation. The brief is right about that, …
CONTINUE READINGLobster Wars
An industry lawsuit against Monterey Aquarium is a blatant assault on free speech.
The Maine lobster industry is suing the Monterey Aquarium for advising consumers to avoid Maine lobsters. This is “cancel culture” on steroids. The Aquarium has taken a stand the industry doesn’t like, so the industry is trying to silence it and its other critics. “Silencing” here is quite literal: the industry is seeking an injunction …
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