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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CONTINUE READINGNice 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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CONTINUE READINGTrolling 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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CONTINUE READINGHow 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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CONTINUE READINGTime 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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CONTINUE READINGFinding 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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