Litigation

Public Lands Watch: Forest Service proposes NEPA regulatory revisions

Forest Service proposes revisions to NEPA regulations to increase exemptions for logging and other projects

The National Environmental Policy Act (NEPA) has long been a lightning rod for debates over public land management.  NEPA requires federal agencies to fully analyze and publicly disclose the environmental impacts of proposed major federal actions that significantly affect the environment, including analysis of a reasonable range of alternatives and a response to public comments.  […]

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Justice Gorsuch versus the Administrative State

Does the Gundy decision spell doom for modern government?

Gundy v. United States was a case involving a fairly obscure statute regulating sex offenders, but some have seen it as a harbinger of the destruction of the modern administrative state.  In a 4-1-3 split, the Court turned away a constitutional challenge based on a claim that Congress had delegated too much authority to the […]

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Supreme Court Takes a Knick Out of Regulatory Takings Law

Justices Curb Ripeness Rule; Open Federal Courts to Takings Litigation

  In the final, major environmental law decision of its current Term, the U.S. Supreme Court handed property rights advocates a major victory while repudiating an important regulatory takings precedent the Court had itself fashioned and announced 34 years ago. The case is Knick v. Township of Scott.  By a narrow 5-4 vote that split […]

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Standing and the Juliana v. United States Plaintiffs

Sympathetic Plaintiffs Also Help Legally

It’s not news that the 21 children (some now adults) who are suing the United States for the right to a safe and stable climate are sympathetic and telegenic.   They are the primary reason Juliana v. United States has garnered so much attention, including a lengthy, highly positive segment on 60 Minutes.  But the Juliana […]

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You Can’t Fool All Of The People All Of The Time

California Cleans Trump’s Clock In Court

  Sometimes judges can read: In its rush to delay, repeal and rewrite rules it considers unduly burdensome to industry, the administration has experienced significant setbacks in court. Federal judges have sided with California and environmental groups in cases concerning air pollution, pesticides and the royalties that the government receives from companies that extract oil, […]

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Trump Administration’s Cold Water War With California Turns Hot

Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo

When it comes to California water policy, the federal-state relationship has always been both strained and challenging.  That intergovernmental tension harkens back at least to the Reclamation Act of 1902.  In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state […]

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Coastal Communities Demand EPA Update Decades-Old Oil Spill Regulations

Written in Collaboration with Camila Gonzalez*

Coastal communities are bracing themselves. Thirty years after the Exxon Valdez oil spill in Alaska, and almost nine years after the BP Deepwater Horizon rig explosion in the Gulf of Mexico, they are facing the threat of another catastrophic oil spill. The Trump Administration is paving the way. The Bureau of Ocean Energy Management will […]

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Why is Trump Getting the Cold Shoulder from the Car Companies?

The answer: His rollback promises them little profit and much uncertainty.

Usually, you’d expect a regulated industry to applaud an effort to lighten its regulatory burdens. So you would think that the car industry would support Trump’s effort to roll back fuel efficiency standards for new vehicles and take away California’s authority to set its own vehicle standards. But that effort is being met by silence […]

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UCLA Law’s Ann Carlson Interviewed on CBS’s 60 Minutes Discussing Juliana v. U.S., Landmark Climate Change Lawsuit

Segment Provides Legal Context for Groundbreaking Children’s Climate Case

Our colleague Ann Carlson appeared on 60 Minutes this past Sunday for a lengthy on-camera interview with Steve Kroft, discussing the Juliana v. U.S. lawsuit filed by Our Children’s Trust. Begun in 2015, the lawsuit has survived several appeals so far, and is headed to oral arguments in June at the U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon. […]

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Roy Cohn Meets The Takings Clause

Sleeper Supreme Court Case Could Upend Environmental Regulations

“I don’t want to know what the law says. I want to know who the judge is.” — Roy M. Cohn Roy Cohn was one of the most disgusting figures of 20th century American law, whose red-baiting and homophobia were exceeded in awfulness only by his mentoring of Donald Trump. But when it comes to […]

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