Litigation
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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CONTINUE READINGPaper 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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CONTINUE READINGSupreme 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 …
CONTINUE READINGCalifornia 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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CONTINUE READINGA 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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CONTINUE READINGThe Last Standing Article You’ll Ever Have to Read
Using the Supreme Court’s ruling on public nuisance law and climate change as an example, the essay argues that standing doctrine has become so incoherent and manipulable that it has lost any real function.
CONTINUE READINGMajor, Proposed CEQA Amendments Sent to California Governor Jerry Brown
In the waning hours of its just-concluded session, the California Legislature passed and sent to Governor Jerry Brown a package of bills that, if signed into law by Brown, will represent the most significant amendments to the California Environmental Quality Act (CEQA) in many years. I believe it’s likely Brown will approve some or all …
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CONTINUE READINGLibertarians for Environmental Red Tape!
Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …
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CONTINUE READINGIs USTR Trying to Increase China’s Carbon Emissions?
Our friends Daniel Firger and Michael Gerrard at Columbia Law School’s Center for Climate Change Law have written a useful new paper analyzing two important pending WTO climate cases. Of these, the more important appears to be DS 419, in which the United States is challenging China’s wind energy subsidies. Firger and Gerrard note that …
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CONTINUE READINGMore on California Environmental Leader & Coastal Advocate Peter Douglas
Legal Planet colleague Jonathan Zasloff has previously written about the recently-announced retirement of long-time California Coastal Commission Executive Director Peter Douglas. I’d like to add a few additional comments about Peter, my long-time mentor, client and friend. Peter Douglas has devoted the past four decades of his incredibly rich and active life to the cause of …
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