Litigation
EPA finalizes mountaintop removal guidance
Cross-posted at CPRBlog and The Berkeley Blog. After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA …
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CONTINUE READINGPaper or Plastic?
The California Supreme Court today issued a significant decision interpreting and applying California’s most important environmental law–the California Environmental Quality Act, or CEQA. The issues in Save the Plastic Bag Coalition v. City of Manhattan Beach were: 1) whether a Southern California beach community was required to prepare an environmental impact report (EIR) under CEQA …
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CONTINUE READINGA Judicial Setback for PACE Energy Efficiency and Renewables Financing
Many moons ago, I blogged about the saga of the PACE (Property Assessed Clean Energy) financing program and the lawsuits to preserve it. As a quick review, PACE allows municipal governments to use funds from the bond market to help property owners finance energy efficiency retrofits and renewable energy arrays on their property. The property …
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CONTINUE READINGCourt upholds polar bear “threatened” status
The first big opinion in the polar bear listing case is out. Score two for the Fish and Wildlife Service: the agency’s decision to list the bear as threatened under the Endangered Species Act prevailed against challenges from the Center for Biological Diversity on one side and the state of Alaska and hunting groups on …
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CONTINUE READINGThe Supreme Court on Climate Torts — A Second Look
Let’s begin with the bad news. The plaintiffs lost, eliminating one possible tool in combating climate change. That doesn’t seem like a big loss to me, because I’ve always thought that the defendants’ best argument was that the federal common law is displaced by the Clean Air Act. It’s an easy argument to make based …
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CONTINUE READINGMore on Sackett v. EPA
As Rick notes below, the Supreme Court has just agreed to hear a case arising from enforcement of the wetlands permitting requirements of the Clean Water Act, Sackett v. EPA (the link is to the 9th Circuit’s opinion). SCOTUSblog has links to the briefs at the cert stage. Rick explained that the genesis of this …
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CONTINUE READINGSupreme Court Grants Review in Clean Water Act/Wetlands Case
2012 is shaping up as a busy year for environmental law at the U.S. Supreme Court. Today, as the Court recessed for the summer, the justices granted certiorari in a second environmental case that it will hear and decide in its 2011-12 Term: Sackett v. U.S. Environmental Protection Agency, No. 10-1062. Sackett involves a development dispute between an Idaho …
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CONTINUE READINGCourt allows California to continue developing cap and trade program pending appeal
This just in: Late today, a California appellate court granted the State’s request to stay (in other words, lift), pending appeal, the injunction issued by the lower court in Ass’n of Irritated Residents vs. CARB, the environmental justice community challenge to California’s work so far under its Global Warming Solutions Act (AB 32). Absent any …
CONTINUE READINGHow the Financial Crisis Destroyed Standing Doctrine
Environmental scholars are very familiar — perhaps too familiar — with how the constitutionalization of standing doctrine has restricted the ability of environmental groups to challenge agency actions. I’ve recently read several books about the financial crisis, and it’s occurred to me that Wall Street innovation may have made traditional standing doctrine a dead letter. My …
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CONTINUE READINGSupreme Court Grants Review in Montana Rivers/Public Trust Case
Understandably, today most U.S. Supreme Court mavens focused their attention on several new opinions the Court issued in key cases–including the major climate change decision (in American Electric Power v. Connecticut) about which Dan, Jonathan and I all blogged earlier today. Not to be overlooked, however, is the fact that today the Court also granted …
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