Litigation
Ninth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak
The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range. A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …
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CONTINUE READINGMaryland representative thinks law clinics should only represent the indigent
Maryland representative Patrick McDonough apparently believes that Maryland law clinics should be restricted to representing only the indigent. He just introduced a bill, HB 751, that attempts to legislate just that: Except for pro bono litigation on behalf of an indigent individual, a law clinic affiliated with a law school at a constituent institution of the …
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CONTINUE READINGNinth Circuit Upholds Oregon’s Measure 49 Against Takings Challenge
Seven years ago, Oregon’s voters enacted Measure 37, a ballot initiative that essentially threatened to end all land use controls in the state. Measure 37 stipulated that any land use control that reduces someone’s property values must be compensated by the state, an extraordinary principle that threw the state’s land use system into chaos. Three …
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CONTINUE READINGCan you stand to hear more about Sackett?
Cross posted at CPRBlog. As usual, I’m behind Rick on commenting on the latest Supreme Court development. (In my defense, it is the first day of classes, although I know that’s not much of an excuse.) Unlike Rick, I didn’t attend the oral argument (see lame excuse above), but having read the transcript I agree …
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CONTINUE READINGU.S. Supreme Court Justices Are on USEPA’s Case
You can’t blame the U.S. Environmental Protection Agency of late for feeling it’s under siege. All of the current Republican presidential candidates are regularly excoriating EPA on the campaign trail, and Congress has conducted oversight hearings and threatened all sorts of legislative action designed to clip EPA’s regulatory wings. Now the U.S. Supreme Court appears …
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CONTINUE READINGCommerce Clause Challenges and State Climate Policy
As Rick previously blogged, the U.S. District Court for the Eastern District struck down California’s Low Carbon Fuel Standard (LCFS) last month on the grounds that the standard discriminates against out-of -state ethanol producers in violation of the Commerce Clause of the United States Constitution. The decision — Rocky Mountain Farmers Union v. Goldstene — is …
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CONTINUE READINGPreemption and Prescription Drugs
I’ve been reading a lengthy history of the FDA by Harvard political scientist Dan Carpenter. I’m planning to post later about some his observations regarding the political dynamics of drug regulation. But I was also struck by the implications of his description of drug regulation with regard to preemption of state torts claims. At first …
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CONTINUE READINGFederal Court Invalidates California’s Low Carbon Fuel Standard
U.S. District Judge Lawrence O’Neill has ruled that the California Air Resources Board’s pioneering Low Carbon Fuel Standard, a key component of California’s multifaceted strategy to reduce the state’s aggregate greenhouse gas emissions under AB 32, is unconstitutional. In his December 29th ruling in Rocky Mountain Farmers Union v. Goldstene, the Fresno-based federal judge issued …
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CONTINUE READINGCalifornia Supreme Court Upholds Abolition of Local Redevelopment Agencies
The California Supreme Court waited until the very end of 2011 to issue the year’s most important land use decision. While the specific issues relate to arcane issues of public finance and state constitutional law, today’s decision in California Redevelopment Association v. Matosantos is likely to have major consequences for local land use authority and …
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CONTINUE READINGThe First Federal Environmental Law Decision
Of course, it’s a bit arbitrary to pick one case as the first environmental law decision. Many people would probably name the Scenic Hudson opinion, but my nominee would be a decision many decades earlier: Woodruff v. North Bloomfield Gravel Mining Co., 18 F. 753 (C.C.Cal. 1884). What makes it reasonable to call this the …
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