Litigation
Standing Doctrine Undercuts Industry Challenges – A “Man Bites Dog” Story
According to an old saying, “dog bites man” isn’t newsworthy, but “man bites dog” is worth a headline. Similarly, it’s not especially newsworthy when standing doctrine is used to toss environmentalists out of court. It’s much more so when it’s used against industry. Yet in two recent cases, that’s exactly what the D.C. Circuit was …
Continue reading “Standing Doctrine Undercuts Industry Challenges – A “Man Bites Dog” Story”
CONTINUE READINGBREAKING NEWS: Another West Coast Win for PACE Energy Financing
Almost a year later, California wins again in the effort to reverse a federal agency’s 2010 decision that decimated PACE, a promising financing program for residential energy efficiency and renewable investments. Federal District Court Judge Claudia Wilken ruled today that the Federal Housing Finance Authority (FHFA) violated the Administrative Procedure Act’s (APA) notice-and-comment requirement when …
Continue reading “BREAKING NEWS: Another West Coast Win for PACE Energy Financing”
CONTINUE READINGCalifornia’s Groundwater Crisis: Time to Adjudicate
As Rick pointed out last week, the University of Texas has found that California’s groundwater resources are “being depleted at an alarming rate” and the state’s use of them is completely unsustainable. The Texas study follows up on Rhead Enion’s study last year issued by the Emmett Center, which pointed out that California is one …
Continue reading “California’s Groundwater Crisis: Time to Adjudicate”
CONTINUE READINGDon’t Knock EPA’s Knack for NAAQS
On Tuesday, the D.C. Circuit decided American Petroleum Institute (API) v. EPA, an interesting case dealing with nitrogen oxide (NO2) levels. The standard is supposed to include a margin of safety.Under the Clean Air Act, EPA sets National Ambient Air Quality Standards (NAAQS) for airborne substances that endanger human health or welfare. EPA set such …
Continue reading “Don’t Knock EPA’s Knack for NAAQS”
CONTINUE READINGThe Chief Justice’s “Switch in Time” — Practically Huge But Legally Minimalist
“The switch in time that saved nine” is how one wag described a key vote change by a Justice during the New Deal. The “saved nine” part may or may not apply, but Chief Justice Roberts obviously switched his vote in the healthcare case. I can’t remember a case in which the opinions made this …
Continue reading “The Chief Justice’s “Switch in Time” — Practically Huge But Legally Minimalist”
CONTINUE READINGWhy Did Mono Lake Become a Cause Celebre?
Why did saving Mono Lake become such a potent political issue during the late 1970’s and early 1980’s? For a book I am currently writing on the case, that is a critical question. After all, hundreds of groups — hundreds of environmental groups — seek media oxygen for their cases all the time. Both nationwide …
Continue reading “Why Did Mono Lake Become a Cause Celebre?”
CONTINUE READINGConditional Spending and the Clean Air Act
Ann suggests that Chief Justice Roberts’ opinion today in Sebelius might open up the Clean Air Act to new challenges. That seems right, but it also seems to me that there are two key differences between Medicaid and the CAA/Highway Spending nexus. 1) Medicaid is an entitlement program; in other words, federal money flows more …
Continue reading “Conditional Spending and the Clean Air Act”
CONTINUE READINGThe Health Care Cases: Instant Uninformed Reaction!!
1) Wow. On the specific issue here, I’ll take it. 2) Environmental lawyers will need to look at this decision very carefully. From an initial very quick parsing, it appears as if Chief Justice Roberts’ opinion has cut back the scope of Commerce Clause authority and under the Necessary and Proper Clause as well as …
Continue reading “The Health Care Cases: Instant Uninformed Reaction!!”
CONTINUE READINGDC Circuit 1, Roy Cohn 0
“I don’t want to know what the law is. I want to know who the judge is.” — Roy Cohn There’s one more important point about today’s per curiam DC Circuit ruling that should be emphasized: the composition of the panel. Two members were Clinton appointees: Judith Rogers and David Tatel. But the third was the …
Continue reading “DC Circuit 1, Roy Cohn 0”
CONTINUE READINGSupreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit
This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals. The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …
Continue reading “Supreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
