Litigation
AB 32 Lawsuit: Assessing the Environmental Justice Arguments Against Cap and Trade
As Cara wrote yesterday, a California court has put AB 32 on hold temporarily on the grounds that in preparing its scoping plan, the California Air Resources Board failed to assess alternatives to its plan with appropriate detail. In particular, the court took issue with CARB’s failure , under the California Environmental Quality Act, to …
CONTINUE READINGCourt issues final ruling in AB 32 challenge — enjoins implementation of AB 32 scoping plan pending CEQA fixes
On Friday, a California superior court judge handed down his decision in the challenge, brought by environmental justice advocates, to the state’s implementation of AB 32, California’s landmark Global Warming Solutions Act. The decision is available here. More analysis to come. On first read, the decision looks very similar to the tentative decision issued by the …
CONTINUE READINGThe Worst Supreme Court Environmental Decision?
Recently appearing in my in-box is Pepperdine Law School’s latest law porn, a glossy brochure about its upcoming symposium, “Supreme Mistakes: Exploring the Most Maligned Decisions in Supreme Court History.” Dan will speak, but unless he decides to talk about it, environmental law doesn’t figure to get on the agenda: none of the other speakers has particular …
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CONTINUE READINGThe Year of Living Preemptively
Preemption is the question of whether a state’s legal rule is invalid because it conflicts with a federal statute. Environmentalists have been particularly concerned about this issue in recent years because state laws are often “greener” these days than federal ones. The Supreme Court has an unusual number of preemption cases on its docket this …
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CONTINUE READINGGreat Sources on the BP Oil Spill
The National Commission has added some valuable additional material to its cite: A multi-media resource, especially useful for students and journalists. For those who want to dive deeper, the Chief Counsel’s report is a great resource. It presents a good deal of evidence unfavorable to BP, but also significant criticism of Transocean and Halliburton. Of …
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CONTINUE READINGSupreme Court won’t hear critical habitat cases
Cross-posted at CPRBlog. The Supreme Court today denied certiorari on two Endangered Species Act cases, Arizona Cattle Growers Association v. Salazar and Home Builders Association of Northern California v. US Fish and Wildlife Service. The cases were considered together because they raise the same issue: how the economic impacts of critical habitat designation should be …
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CONTINUE READINGJudge Feldman is still mad
Cross-posted at CPRBlog. You may remember Judge Martin Feldman from his decisions last summer enjoining enforcement of Interior’s first effort at a deepwater drilling moratorium, and more recently declaring that the Department must pay the legal fees of the plaintiffs in that case because it was in contempt of the injunction order. (For my take …
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CONTINUE READINGPreview of Coming Attractions: American Electric Power v. State of Connecticut
The U.S. Supreme Court recently announced the scheduling of oral arguments in the biggest (actually, the only) environmental case of its current Term: American Electric Power v. State of Connecticut. The justices will hear arguments on April 19th, and render their decision in this major climate change case by the end of June. Already, however, …
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CONTINUE READINGNinth Circuit allows landowner to challenge impaired water listing
UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …
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CONTINUE READINGBriefly noted: four recent federal appellate decisions
Here are links to and brief descriptions of four interesting recent decisions from federal appellate courts: Wilderness Society v. Kane County, 10th Cir., en banc, 1/11/2011. This decision is the latest in a long-running dispute over the extent to which Kane County in southern Utah can authorize the use of off-road vehicles on federal lands. …
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