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Litigation

30 Years of U.S. Climate Policy

Here’s a timeline of the victories and defeats since 1992.

Thirty years ago, the United States joined the U.N. Framework Convention on Climate Change (UNFCCC). The decades since then have been a saga of victories and defeats for U.S. climate policy. Progress has been made under one President, only to be battered down by the next one. This to-and-fro is a sobering reminder of how …

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The Year Ahead

Here are the top ten environment and energy developments to watch for.

Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the Supreme Court’s ruling in West Virginia case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s quick rundown of what …

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The Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022

Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year

I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …

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Reflections on a Century of “Regulatory Takings” Law

A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth

One hundred years ago this month, the U.S. Supreme Court issued a radical constitutional decision that over the last century has proven enormously consequential in a host of environmental, natural resources and public health contexts. In the December 1922 decision Pennsylvania Coal Company v. Mahon, a divided Supreme Court created the constitutional doctrine of “regulatory …

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A Great Victory For Electric Cars

But Beware: Neanderthal GOP Judges Are Waiting To Strike It Down

With all the attention being paid to Volodymyr Zelenskyy’s visit to Washington, and the release of the January 6th Committee, you might have missed the (second) most important environmental story of the week: The U.S. Postal Service will buy 66,000 vehicles to build one of the largest electric fleets in the nation, Biden administration officials …

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The Coming Ground War For Missing Middle Housing

Municipalities Continue to Maintain and Erect New Barriers To Homes For Working People

Last year, the California Legislature enacted SB 9, which required local governments to allow duplexes (and with ADUs, sometimes triplexes and quadraplexes) in single-family zones. Housing advocates rejoiced, and NIMBYs screamed that it was the end of the world and would lead to “Manhattanization” (because as we all know, Manhattan is famous for its duplexes). …

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UCLA Environmental Law Clinic Students’ Work Used in Litigation for Improved Refinery Monitoring

East Yard Communities for Environmental Justice, represented by Earthjustice, filed a petition drafted by UCLA ELC students

On Monday, environmental-justice advocates filed a petition drafted by two of our amazing UCLA Environmental Law Clinic students, Sarah Repko and Monica Heger, opening litigation to improve monitoring of petroleum refineries in Southern California. This spring, Sarah and Monica had the exciting opportunity to work with Earthjustice’s Community Partnerships program to prepare litigation enforcing state …

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Wasting Gas

A proposed rule limiting flaring and venting of natural gas is a win for everyone except greedy oil and gas operators.

Yesterday, the Interior Department posted a proposed rule to limit flaring and venting of natural gas on public lands. The rule will be good for everyone except the oil and gas operators who waste the gas, increasing methane and carbon emissions while giving the public nothing in return. The rule is clearly a step in …

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What is jurisdiction, and why is it important to climate change litigation?

Local actors seek climate change damages from the biggest fossil fuel companies through state law litigation In the wake of West Virginia v. EPA and the Supreme Court’s deregulatory trend, state action remains an avenue for climate change adaptation and mitigation. While the specter of the major questions doctrine hampers most federal agency actions to …

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Do Trump-Appointed Judges Differ when Deciding Environmental Cases?

Student analysis identifies disparities in judicial outcomes

(This post was authored by Grayson Peters, a JD candidate at Berkeley Law and CLEE research assistant.) Do federal judges appointed by former President Trump rule differently in environmental disputes than judges appointed by other presidents? An analysis by two Berkeley Law students finds that they do in a few key areas of judicial decision-making. …

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Ninth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

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

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Litigation

Here’s a timeline of the victories and defeats since 1992.

Here are the top ten environment and energy developments to watch for.

Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year

A Century Ago, the Supreme Court Created a Transformative Legal Doctrine Out of Whole Cloth

But Beware: Neanderthal GOP Judges Are Waiting To Strike It Down

Municipalities Continue to Maintain and Erect New Barriers To Homes For Working People

East Yard Communities for Environmental Justice, represented by Earthjustice, filed a petition drafted by UCLA ELC students

A proposed rule limiting flaring and venting of natural gas is a win for everyone except greedy oil and gas operators.

Student analysis identifies disparities in judicial outcomes

TRENDING

Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

The state’s home energy financing program remains modest and needs to scale

People who care about the environment may not be voters. Can that be changed?

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Current law penalizes adaptation measures because of the risk of takings liability.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Probably not. But also possibly yes.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The barriers are still huge — but we can also envision a path to success.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.