Litigation
Supreme Court Stays Upcoming Juliana Trial
Chief Justice Roberts’ Order a Major Win for the Trump Administration
The presently-constituted U.S. Supreme Court doesn’t seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings …
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CONTINUE READINGLet’s Make A Deal
What Should Environmentalists Give Up – and Demand – For A Carbon Tax?
A nice editorial from the Los Angeles Times about the proposed carbon tax being offered by some Republicans under the front group Americans for Carbon Dividends, most notably former Secretaries of State James Baker and George Shultz. Exxon-Mobil is even throwing $1 million into the effort — chump change for such a corporate behemoth. The Times …
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CONTINUE READINGA Potentially Important Climate Change Court Ruling in the Netherlands
A Dutch environmental organization surprisingly won its novel climate change lawsuit when the government appealed.
Although I am in the midst of a series of blog posts (1, 2, 3) regarding novel technologies in the recent special report of the Intergovernmental Panel on Climate Change (IPCC), I take a brief detour to report on a court ruling in the Netherlands regarding climate change. Although I am skeptical of its impact …
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CONTINUE READINGGetting Kavanaugh’s Vote to Uphold Climate Change Regulation
Environmentalists Have a New Secret Weapon
Not for nothing was Brett Kavanaugh referred to as “Voldemort” by Center for Biological Diversity counsel Bill Snape: he is quite hostile to environmental regulation and will freely rewrite statutes to constrict EPA authority. But now environmentalists have a new ace up their sleeves: The price of beer could rise sharply this century, and it …
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CONTINUE READINGProgressive Regulatory Reform
Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?
Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is …
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CONTINUE READINGIf You Can Buy a Coast, You Can Buy a Newspaper
Supreme Court’s California Coast Decision Will Be Back, No Matter What the Papers Say
High-fives, or at least, sighs of relief, from environmentalists this week, as the Supremes denied cert in Surfrider Foundation v. Martin’s Beach, a case where Sun Microsystems founder and multibillionaire Vinod Khosla challenged aspects of California’s Coastal Act. Article after article after editorial is celebrating this as a great victory for the environment and the …
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CONTINUE READINGThe Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service
Post-Argument Panel at Georgetown Law Will Feature Advocates
Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case. I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …
CONTINUE READINGThe Public Trust Doctrine as an Anti-Corruption Weapon
Everything Old Is New Again
As Rick noted a couple of weeks ago, the California Court of Appeal has recently decided that the public trust doctrine applies to groundwater resources — a long overdue holding that flows (so to speak) pretty much directly from the landmark Mono Lake decision that applied the PTD to surface water. (Since surface and groundwater …
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CONTINUE READINGUCLA’s Environmental Law Clinic Files Brief on Behalf of Amici League of California Cities and California State Association of Counties
Brief defends local government authority to regulate oil drilling in face of industry challenge
[Update: The Second District Court of Appeal, Division 5 has rejected all the amicus curiae brief applications filed in this case, including this brief. We will leave this post, and the link to the brief, up on this blog so that anyone interested may see our arguments, but the brief will not be considered in …
CONTINUE READINGNew Report Co-Authored with California Department of Insurance Analyzes Climate Risks to Insurance Industry
Climate change threatens the industry’s viability right when it is needed most. The new report from CDI and CLEE outlines key risks and opportunities for insurers, regulators, and residents.
Climate change presents a wide range of risks to California’s insurance industry, as Californians across the state contend with unprecedented wildfires, changing storm patterns, increased risks of flooding and sea level rise, and disruptions to business from agriculture to fisheries and beyond. Potential decarbonization of the economy and litigation based on climate-related damages further threaten …
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