Litigation Archives - Page 52 of 70

Litigation

NEWS FLASH: D.C. Circuit Appeal of GHG Rules

According to E&E News, the D.C. Circuit has set oral argument for Feb. 28 and Feb. 29 in the complex legal challenges to EPA’s endangerment finding and initial batch of rules regulating greenhouse gases. As I’ve written previously, I consider the endangerment-finding a slam dunk; the tougher issue is the “tailoring” rule that exempts smaller …

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Nice to know I’m sober

Today the Supreme Court denied certiorari in the case known to that Court as Stewart & Jasper Orchards v. Salazar. So why the headline? This is the commerce clause challenge to ESA protection for the Delta smelt, rejected by the Ninth Circuit this past spring under the name San Luis & Delta-Mendota Water Authority v. …

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Trolling for Anti-Environmental Plaintiffs

A reader sent me a an email from the Coalition of Energy Users trying to find plaintiffs for a challenge to AB 32 implementation. CEU claims to be a grassroots group that does not have a deep-pocket funding source, and that may be true. On the other hand, its interests are so precisely aligned with …

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How Plaintiffs Can Win More Takings Cases: A Proposal for California

I’ve never been particularly sympathetic to regulatory takings claims; like many on the left of center, I’m wary of expanding a constitutional doctrine with the potential to severely injure good land-use planning and reconstitute Lochnerism. That said, it’s hard to look at the reports of many takings cases without getting a strong sense that a lot …

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Time to Put Nino Out to Pasture

Intellectual history often presents its students with shocks, most prominently: how is it that people seemed to reject an idea that in retrospect was brilliant or useful? Conversely, how is it that people believed that intellectual mediocrities were learned savants? Justice Scalia’s latest statement on Supreme Court doctrine suggests that he will be a …

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Finding the Right Words (Judicially)

I recently posted about when various key environmental terms surfaced in the law review literature. It occurred to me that it would be interested to compare with the courts, so I did a similar search of Westlaw’s database for all state and federal court opinions. Here is how the results compare: Term Law reviews Courts …

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Paper or plastic, tax or not? Prop 26 challenge to LA County’s plastic bag ban

Wonder how broadly California’s Proposition 26 will be held to sweep? A case filed this week is likely to be an early indicator. Many municipalities have recently placed limits on plastic bags. Last year, LA County went further, banning certain stores from giving out single-use plastic bags or non-recyclable paper bags at checkout, and requiring …

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Supreme Court Looking Hard at Litigation Challenge to CARB Marine Fuel Regulations

The U.S. Supreme Court today asked the Solicitor General for his views as to whether the Court should hear and decide a controversial case from California challenging the California Air Resources Board’s authority to regulate ocean shipping. The specific CARB regulations at issue require marine vessels operating in state waters and ports to use …

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California Governor Brown Signs CEQA Reform Bills

Today California Governor Jerry Brown signed into law legislation amending the California Environmental Quality Act (CEQA) to facilitate construction of both a major new sports stadium in downtown Los Angeles and large “environmental leadership development projects” involving financial commitments of at least $10 million and that incorporate substantial urban infill or renewable energy components. This …

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A Setback for Clean Ports

Hot off the presses, the Ninth Circuit has partially reversed Judge Christina Snyder’s order in American Trucking Ass’n v. City of Los Angeles, an important environment-labor-pre-emption case that I blogged about a little more than one year ago. The case concerns the Port of Los Angeles’ “Clean Ports” program, which, among other things mandates a …

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The 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.

Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Why 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.

Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Litigation

TRENDING

If these decisions had come out differently, environmental law would look very different than it does today.

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

The state’s home energy financing program remains modest and needs to scale

People who care about the environment may not be voters. Can that be changed?

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Current law penalizes adaptation measures because of the risk of takings liability.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Probably not. But also possibly yes.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The barriers are still huge — but we can also envision a path to success.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.