Litigation
Let’s Commence an Economic Retaliation Initiative Against (Some) Automakers
Influencing Public Policy Through Individual & Collective Purchasing Decisions
At the risk of piling on, let me offer my own thoughts–and a specific proposal–regarding yesterday’s decision by General Motors, Fiat Chrysler, Toyota and the automakers’ trade organization to intervene in support of the Trump Administration in California’s recently-filed litigation challenging the feds’ attempted revocation of California’s Clean Air Act waiver. Legal Planet colleagues Ann …
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CONTINUE READINGLooking Into USDOJ’s Lawsuit To Dismantle the California-Quebec Greenhouse Gas Cap-and-Trade Linkage Program
While DOJ Says It “Didn’t Consult With The White House,” There Are Clues the Case Is Politically-Motivated
My colleagues Ann Carlson and Cara Horowitz wrote last week about the Trump administration Department of Justice’s lawsuit against the California Air Resources Board, the Western Climate Initiative, and various California-based officials of both, claiming California is unlawfully trying to engage in foreign policy through its greenhouse gas cap-and-trade program’s linkage with Quebec. There appear …
CONTINUE READINGLet’s Get One Thing Straight
The waiver preemption lawsuit isn’t about one national fuel economy standard.
As Ann wrote yesterday, the Association of Global Automakers and the auto companies General Motors, Toyota, and Fiat Chrysler have stated their intent to intervene in pending litigation challenging the Trump administration’s rule to preempt California’s Advanced Clean Cars program, and any future tailpipe greenhouse gas (GHG) emissions standards the state and others might seek …
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CONTINUE READINGGeneral Motors Can’t Have It Both Ways
Several media outlets are reporting that General Motors, Toyota, and Fiat Chrysler are intervening on the side of the Trump Administration in California’s lawsuit challenging the federal government’s yanking of the state’s permission to issue its own tailpipe standards for greenhouse gases and to require zero emissions vehicles. (Cara described the lawsuit here. Julia and …
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CONTINUE READINGIs Trump’s California Climate Tantrum Bad Politics?
Here’s hoping so
Apparently it hasn’t been enough for the Trump Administration to roll back federal climate pollution standards for cars and power plants, announce its intent to withdraw from the Paris Agreement, promote coal usage even in the face of contrary market forces, and embrace expanded oil and gas drilling on public lands. As my colleague Ann …
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CONTINUE READING2020 in the Courts: A Preview
Some major new cases will be filed; older ones will result in major decisions.
There are going to be some significant environmental cases over the next year. In addition, some important new cases will be filed now or in the near future, which may have produced some interesting rulings. It will probably take more than a year, however, for some of the big new cases down the turnpike to …
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CONTINUE READINGAnother Court Loss for the Trump EPA
D.C. Circuit enforces deadlines for air pollution compliance
On Friday, the D.C. Circuit issued a brief order in a case called New York v. EPA. In some respects, the order was a foregone conclusion, given the same court’s September ruling in a case called Wisconsin v. EPA. But it’s nonetheless noteworthy. Both the New York and the Wisconsin case involved a section in …
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CONTINUE READINGLet Discovery Begin!
Unless the Supreme Court intervenes, discovery can begin in the Baltimore climate nuisance case
The oil companies that have fought cities around the country that have filed climate change nuisance cases against them may finally have to tell plaintiffs’ lawyers about what they knew about the connection between climate change and their business activities, when they knew it, and what they did in response. The Fourth Circuit Court of …
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CONTINUE READINGThe Pro-Environmental Lochner Court
How a conservative Court defended environmental protection a century ago.
Like today’s Court, the Supreme Court a century ago was dominated by conservatives. The Lochner era, from around 1900 to 1935, was named after the most notorious case of that period. The Lochner case, which struck down a maximum hours law for workers, epitomized the conservative Supreme Court of that era. Yet that conservative Court …
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CONTINUE READINGA Welcome Victory in the D.C. Circuit
This is what it looks like when judges just buckle down and do their jobs.
Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak. Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …
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