Litigation
Why You Should Read CA’s ExxonMobil Plastic Lawsuit
California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.
The media have moved on (understandably) from California’s recent lawsuit against Exxon over plastic recycling to other environmental stories like Hurricane Helene’s catastrophic damage and Hurricane Milton’s terrifying, rapid intensification. But anyone interested in the problem of plastic pollution—which should, frankly, be everyone—will appreciate digging deeper than the Day One headlines to read California’s 147-page …
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CONTINUE READINGA New Energy Project at UCLA Law
The Emmett Clean Energy Law & Leadership project will build a bridge between the existing expertise of UCLA’s energy law scholars and policymakers.
You don’t have to look beyond the front pages of newspapers, or beyond rooftops in your neighborhood to know that we are in the midst of a clean energy revolution, with renewable energy technologies dramatically decreasing in price and increasing in availability. These technologies promise to reduce energy cost burdens for households, as well as …
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CONTINUE READINGThe Case that Wouldn’t Die
The Juliana plaintiffs make a final effort to resurrect their case.
The district judge contemplates a wide-ranging trial about broad climate and energy policies, after which she would opine on their legality. The Supreme Court will likely think that putting an immense swathe of government policy on trial also violates the separation of powers — especially in a case where they are deeply skeptical of the underlying constitutional claim.
CONTINUE READINGEnvironmental Lawyering Today
If you’d like to defend the environment as a lawyer, you should take a broad view of what that means.
To law students: The Earth not only needs a good lawyer, it needs many kinds of good lawyers doing many kinds of work. Whatever area of law interests you most, there’s no reason why you can’t be one of them.
CONTINUE READINGClean Air and the Turbocharged Shadow Docket
Guest Contributors Sean Donahue & Megan Herzog write that coal advocates offer troubling new grounds for the Supreme Court to stay EPA’s carbon pollution standards.
The Supreme Court is currently considering eight emergency (or “shadow docket”) requests from coal advocates (coal-mining companies, coal-burning electricity generators, and allied State attorneys general led by West Virginia) to bar implementation of new EPA rules limiting carbon pollution from coal- and gas-burning power plants while legal challenges to the rules proceed—what is known as …
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CONTINUE READINGJustin Pidot: Manchin’s Latest and Last Run at Promoting Fossil Fuels through a Permitting Reform Bill
His proposal is a bad deal on climate and an afront to environmental justice
Last week, Senator Manchin unveiled his latest permitting bill, negotiated with Senator Barrasso and set to be marked up by the Senate Committee on Energy and Natural Resources on Wednesday. After recently completing a 3 ½ year stint as general counsel at the White House Counsel of Environmental Quality, I recognize that continuing to improve …
CONTINUE READINGUnderstanding Loper: A Sheep in Wolves’ Clothing?
The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.
Because there are so many outstanding questions about the Court’s new approach to judicial review, we won’t know its practical impact for some time. Its symbolic impact as an affirmation of conservative ideology is more obvious.
CONTINUE READINGUnderstanding Loper: The Grandfather Clause
Hundreds of past federal cases relied on Chevron. They remain good law.
To cushion the shock of abandoning Chevron, the Supreme Court created a safe harbor for past judicial decisions. This was well-advised. The Court itself applied Chevron at least seventy times, as did thousands of lower court decisions. The key question will be the scope of the grandfather clause. The Court’s discussion began by saying that …
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CONTINUE READINGUnderstanding Loper: The Primacy of Skidmore
A previously obscure 1944 case will now be central to judicial review.
Some commentators have tended to write off Skidmore and assume that judges will ignore agency views after Loper Bright. That is a misreading of the Court’s opinions in Loper and in Skidmore itself.
CONTINUE READINGUnderstanding Loper: Delegation & Discretion
Something similar to Chevron deference may still apply to many (most?) regulations.
The Supreme Court took away Chevron deference, but it also recognized that Congress can give agencies the power to clarify statutes and fill in gaps.
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