Litigation
U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGThe ‘Year of Climate’ in International Courts
Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.
“The Year of Climate in International Courts” by guest contributor Rebecca Hamilton was originally published on Just Security This year promises to be the ‘Year of Climate’ in international courts and tribunals with opinions slated to be coming down from the European Court of Human Rights, the Inter-American Court of Human Rights, the International Tribunal …
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CONTINUE READINGDeciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …
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CONTINUE READINGAmerica’s Leading Environmental Court
Hint: It’s in the southernmost state. Which is not Florida.
The state court on the cutting edge of environmental law is a long way from the major population and media centers, which may be one reason it doesn’t get much attention. It deserves more. The Hawaiian Supreme Court has been forging new paths in environmental law that may lead the way for other courts in …
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CONTINUE READINGInterstate Pollution and the Supreme Court’s “Shadow Docket”
The Court considers whether to stay an EPA plan in light of changed circumstances.
Later this month, the Supreme Court will hear oral argument about whether to stay a plan issued by EPA to limit upwind states from creating ozone pollution that impacts other states. As I wrote before the Court decided to hear the arguments, the issues here seem less than earthshaking, and for that matter, less than …
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CONTINUE READINGThe Unique Legal Context of EPA Methane Regulations
Three separate congressional actions intersect to support the regulations.
The government’s efforts to control methane have followed a complicated path, involving three different congressional actions: section 111 of the Clean Air Act, which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions. The upshot is to …
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CONTINUE READINGSaving the Planet, One Case at a Time
These 50 law school clinics are doing vital work on environmental issues across the country.
Law school clinics are where the proverbial rubber meets the road. They introduce students to the realities of lawyering. Often, they are a law school’s most important form of public service. Environmental law clinics have blossomed across the country. Today’s post provides a directory to the clinics. There are several sites that promise comprehensive lists …
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CONTINUE READINGJudicial Activism and Climate Change: An Unhealthy Combination
The trial judge in the Juliana case won’t give up, no matter what higher courts say..
An Oregon federal judge has convinced herself that climate change is a constitutional issue. After what promises to be a lengthy trial, Judge Aiken plans to decide whether U.S. energy policy passes constitutional muster. While I have no doubts about her sincerity and good intentions, her opinion itself shows why her courtroom is not the …
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CONTINUE READINGThe U.S. Supreme Court & Environmental Law in 2024
Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year
As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year. It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …
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CONTINUE READINGMore Thrills and Chills Ahead! What to Expect in 2024
Here are the key events that will shape climate and energy policy.
We will face some important forks in the road in 2024 in terms of environmental law. Here are some of the upcoming forks. Who will be President in 2025? You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …
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