Litigation
Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …
Continue reading “Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation”
CONTINUE READINGBusinesses Without Standing
Standing is notoriously a barrier to litigation by environmental groups. In fact, many of the Supreme Court’s major standing decisions involve environmental claimants. The conventional wisdom is that standing is no problem for businesses because regulations limit their freedom of action and impose financial costs. But recent cases suggest that’s an oversimplification. In fact, it …
Continue reading “Businesses Without Standing”
CONTINUE READINGThe Bush Ozone Standards and the D.C. Circuit
In an unsigned opinion released today, the D.C. Circuit largely upheld the Bush Administration’s revision of the air quality standard for ozone. The opinion can safely be described as dull reading, but it provides some guidance to EPA about the current round of standards revision that is now underway. The law requires EPA to set …
Continue reading “The Bush Ozone Standards and the D.C. Circuit”
CONTINUE READINGNinth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim
Responding to the current drought conditions confronting California, state and federal water project officials have announced cutbacks in anticipated water deliveries this summer and fall from both the Central Valley Project (CVP) and State Water Project. It’s with that sobering backdrop that a recent decision from the U.S. Court of Appeals for the Ninth Circuit …
Continue reading “Ninth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim”
CONTINUE READINGClearing Up the Standing Mystery in the Biomass Case
In a post last week, I expressed puzzlement about the D.C. Circuit’s failure to discuss standing in Center on Biological Diversity v. EPA, which involved EPA’s decision to delay greenhouse gas regulations for facilities burning biomass. The question of standing in climate change cases has been controversial, so this mystery sparked extensive discussion among environmental …
Continue reading “Clearing Up the Standing Mystery in the Biomass Case”
CONTINUE READINGThe D.C. Circuit’s Sleeper Decision in CBD v. EPA
Before I even get to the majority opinion in Center for Biological Diversity v. EPA, a quick word about the concurring opinion by Judge Brett Kavanaugh. Kavanaugh may be the most outspoken conservative on a court composed almost entirely of Republican appointees. So what he has to say about climate change is really noteworthy: In …
Continue reading “The D.C. Circuit’s Sleeper Decision in CBD v. EPA”
CONTINUE READINGSierra Club Entitled to County’s GIS Database Under California Public Records Act, Says California Supreme Court
Back in the day, when I toiled in the California Attorney General’s Office, I served a stint supervising the unit of that Office that oversees litigation involving California’s “little Freedom-of-Information Act,” officially known as the California Public Records Act (PRA). My standing advice to my attorney colleagues was never to allow a case to reach the …
CONTINUE READINGSore Winners
The government has filed a cert. petition in an environmental case (EPA v. Friends of the Everglades) with a really interesting procedural wrinkle. There’s more background about the case after the jump, but you don’t really need the details to understand the main issue. Here’s what you do need to know: 1. After EPA issued …
Continue reading “Sore Winners”
CONTINUE READINGKoontz and Exactions: Don’t Worry, Be Happy
As Rick pointed out the other day, with Koontz v. St. John’s River Water Mgmt. Dist., the Supremes finished their Takings trifecta for this term, with unsurprisingly the plaintiff winning in all three cases. Koontz raised two issues: 1) do Nollan and Dolan apply when the government simply denies a permit, as opposed to attaching …
Continue reading “Koontz and Exactions: Don’t Worry, Be Happy”
CONTINUE READINGSupreme Court Rules for Property Owner in Koontz v. St. Johns River Water Management District
The U.S. Supreme Court today decided Koontz v. St. Johns River Water Management District. But unlike the previous two, unanimous Takings Clause rulings issued this Term by the justices in Arkansas Game and Fish Commission v. United States and Horne v. Department of Agriculture, the decision in Koontz reflected a sharply divided Court, in a …
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
