Litigation
Today’s Vaccine Cases: Implications for Climate Change Regulation
Today’s ruling are (somewhat) good news in terms of West Virginia v. EPA?
Today, the Court’s conservative Justices split the difference in two cases involving vaccine mandates, striking down OSHA’s mandate but upholding a more limited mandate for healthcare workers. The cases also split the conservative Justices themselves, with three hardliners (Thomas, Alito, and Gorsuch) seeking a more activist ruling in the OSHA case and dissenting in the …
Continue reading “Today’s Vaccine Cases: Implications for Climate Change Regulation”
CONTINUE READING1990: The Year the Courts Discovered Climate Change
Cases were few, but one judge was years ahead of her time.
In an earlier post, I tried to figure out when the legal academy first discovered climate changes. As it turns out, it was almost a decade later when the federal courts took notice. Those first climate change cases shed light on how new issues get litigated and how courts respond to new science. My research …
Continue reading “1990: The Year the Courts Discovered Climate Change”
CONTINUE READINGPositive Signs That California’s New Housing Laws Will be Enforced
Recent Actions by California Courts & State Officials Are Encouraging, & Push Back Against Local Government Recalcitrance on the Housing Reform Front
In a recent post, I analyzed the California Legislature’s recent passage and Governor Gavin Newsom’s signing into law of two important bills–SB 9 and SB 10–designed to confront California’s well-documented housing crisis. Those laws represent but the latest chapter in the Legislature’s record-setting enactment of numerous statutes in recent years to incentivize and mandate construction …
Continue reading “Positive Signs That California’s New Housing Laws Will be Enforced”
CONTINUE READINGThe Latest Chapter in Los Angeles’ Century-Long Water War With the Eastern Sierra’s People & Environment
LADWP’s Unilateral Revocation of Water Allocation to Mono County’s Farmers & Ranchers Triggers County’s CEQA Challenge
There LADWP goes again. Recently the Los Angeles Department of Water and Power announced it was walking away from its longstanding obligation to provide Mono County residents and the environment with a tiny fraction of the water it transports from Mono County to LADWP’s urban customers in Los Angeles. When efforts by county officials to …
CONTINUE READINGDebating Environmental Racism in the Ninth Circuit
A recent case occasioned a sharp exchange about accusation of environmental racism.
Center for Community Action and Environmental Justice v. FAA is a Ninth Circuit opinion decided before the Thanksgiving break. It involved to a legal challenge to the FAA’s refusal to prepare a full-scale environmental impact statement before approving a major Amazon distribution center at the San Bernardino airport. I probably wouldn’t have read the decision …
Continue reading “Debating Environmental Racism in the Ninth Circuit”
CONTINUE READINGFive Reasons Why Juliana Stumbled
The legal deck was stacked against the “children’s lawsuit.”
Juliana has been a valiant effort by a group of young people to force the federal government to plan for stringent reductions in U.S. carbon emissions. As I wrote in a previous post, several well-regarded foreign courts have upheld claims that are similar in concept to the Juliana case. The U.S. legal system, however, provided …
Continue reading “Five Reasons Why Juliana Stumbled”
CONTINUE READINGBold Climate Rulings Beyond Our Borders
Courts in other Western countries are stepping up to the climate challenge.
The atmosphere for climate litigation in our Supreme Court is decidedly chilly. Some of its peers in other countries have taken a much different approach. US lawyers tend to be inward focused, adept at understanding our own legal system but largely unaware of developments elsewhere. Here, I want to briefly summarize some key rulings. Germany. …
Continue reading “Bold Climate Rulings Beyond Our Borders”
CONTINUE READINGA Bad Week for Biden, and for Climate Action
First House progressives, and next conservative Justices, poked a stick in the spokes.
President Biden hoped to go to the international climate summit in Glasgow with momentum behind him. He wanted to reestablish US credibility with concrete progress on climate change. Instead, the ability of the US to take action on climate change is shrouded in doubt. Biden suffered an embarrassing defeat at the hands of members of …
Continue reading “A Bad Week for Biden, and for Climate Action”
CONTINUE READINGEnvironmentalism and the Supreme Court
Some cases belong to the environmentalist legal canon, others to an anti-canon of reviled precedents.
Every field has its texts that form part of its intellectual canon, and others that form a kind of anti-canon of rejected ideas. The same is true in environmental law. The issue goes beyond which side wins. From the pro-environmental side of things, some Supreme Court rulings form guideposts to rely on, whereas others represent …
Continue reading “Environmentalism and the Supreme Court”
CONTINUE READINGThe Illusions of Takings Law
Nothing is as it seems, when the issue is whether a regulation is a “taking” of property.
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn …
Continue reading “The Illusions of Takings Law”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
