Litigation
The Supreme Court & Interstate Pollution
It was puzzling that the Court agreed to hear the case. How has it ruled? And why?
Months ago, the Supreme Court agreed to hear an “emergency” request to stay EPA’s new rule regulating interstate air pollution. Like most observers, I was puzzled that the Court was bothering with the case before the D.C. Circuit even had a chance to consider the merits of the challenges. Months later, the Court has finally …
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CONTINUE READINGThe Hawai’i Youth Climate Settlement
Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.
At the precise time on Monday, June 24 when 13 young Hawaiians were set to file into a Honolulu court for the start of trial, they instead gathered at the historic Iolani Palace to celebrate with their legal teams and supporters. Their case, Navahine v. Hawaiʻi Department of Transportation, was the latest youth climate lawsuit …
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CONTINUE READINGThe Hawai’i Youth Climate Trial
Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.
Last summer, many Americans were glued to the events unfolding in Maui as a raging inferno overtook the town of Lahaina, trapping thousands and killing at least 99 people. This summer, we’ll see 13 youth plaintiffs in Hawaiʻi take the state’s Department of Transportation to court for allegedly failing to implement climate policies meant to …
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CONTINUE READINGReforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent
Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally
In a Legal Planet Post earlier this week, I recounted the saga of how federal prosecutors recently secured the criminal conviction of Dennis Falaschi, the former San Joaquin Valley water district general manager who oversaw the decades-long theft of millions of gallons of publicly-owned water from California’s Central Valley Project. That successful prosecution certainly qualifies …
CONTINUE READINGA Brazen California Water Heist Revealed, Prosecuted & Punished
San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years
Recently, former Panoche Drainage District general manager Dennis Falaschi pled guilty in federal district court in Fresno to having conspired to steal millions of gallons of publicly-owned water from California’s Central Valley Project (CVP) for private gain. This surreptitious water theft apparently had been going on for well over two decades before Falaschi was finally …
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CONTINUE READINGBig Oil Runs to the Supreme Court
Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.
The oil industry and its allies are attempting a full-court press to convince the Supreme Court justices they should shield them from climate liability lawsuits brought by cities and states throughout the U.S—and that they should do so now, before they face any court trials over climate-related damages. This unusual full-court press comes in the …
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CONTINUE READINGThe Supreme Court’s Top-10 Environmental Law Decisions
If these decisions had come out differently, environmental law would look very different than it does today.
Here’s what you really need to know about the Supreme Court’s rulings on environmental law — including its recent trend toward weakening environmental protection.
CONTINUE READINGNinth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit
Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued an order that likely ends one of the most closely-watched climate change lawsuits in recent American legal history: Juliana v. United States. The background of this litigation–which was filed in federal district court in Oregon in 2015–has been analyzed at length in …
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CONTINUE READINGWhy the New Climate Reg for Coal is a Perfectly Normal EPA Rule
EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.
The problem isn’t that EPA’s new climate regulation for power plants will crush the coal-fired generation industry. It’s that much of the industry is so economically weak it can’t survive any kind of regulation.
CONTINUE READINGEPA’s New Power Plant Rules Have Dropped. What Happens Next?
Media battles. Lawsuits. Stay requests. And political mayhem.
The release of Biden’s new climate regulations for power plants will unleash a maelstrom of legal and political battles. One key question: Will the Supreme Court short circuit the litigation process by staying the rules.
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