Litigation Archives - Page 61 of 70

Litigation

What will Obama do about Connecticut v. AEP?

I just got a call from the managing editor of Carbon Control News, which seems to be a pretty informative and useful web-based publication. His question: why hasn’t the Tennessee Valley Authority joined the rest of the utilities in asking the Supreme Court to grant certiorari in Connecticut v. AEP, the federal common law public …

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California’s Proposition 8 overturned – victory for gay marriage, and example of the impact of law school-based policy research

Perhaps everything in the world might be related in some way to climate change. Perhaps not. I’m having a hard time seeing how this topic in particular relates to climate change. But it does relate to our blog, in that the decision illustrates well the importance and relevance of law school-based academic research centers — …

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Judge orders changes in ballot language for Proposition 23, which would suspend California’s greenhouse gas emissions law

Today, a judge ruled that the state must change the “title and summary” ballot language for Proposition 23, the oil-company-funded proposition that would suspend California’s landmark greenhouse gas emissions law AB 32. (My colleague Ann Carlson wrote about this initiative campaign earlier this summer.) Proposition 23 would render the law unenforceable until California’s unemployment rate …

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Is the Western Climate Initiative Constitutional?

Brad Plumer in The New Republic rightfully celebrates the emergence of the Western Climate Initiative, which establishes a cap-and-trade system among several US states and three of the most important Canadian provinces: British Columbia, Ontario, and Quebec. “Cap-and-trade is coming to the United States,” he notes, “and there is nothing that the Senate can do …

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EPA stands by endangerment finding

EPA today issued its response to the 10 petitions that have been filed asking it to reconsider its December 2009 determination that greenhouse gas emissions cause or contribute to air pollution that may reasonably be expected to endanger public health or welfare. To no one’s surprise, the agency is standing by its earlier finding. As …

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Senate Fails to Act So What’s New in the World of Geoengineering?

With the depressing news that the Senate will not go forward on a climate bill, I thought it worth revisiting a question I posed a year and a half ago: is geoengineering inevitable? If we assume that U.S. leadership is crucial to cutting greenhouse gas emissions by 80 percent over the next forty years, and …

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Interior hits the pause button again

Cross-posted at CPRBlog. As he had promised, Interior Secretary Ken Salazar today issued a new decision memorandum suspending certain deepwater drilling operations. Today’s decision replaces the moratorium that the federal District Court in New Orleans enjoined on June 22, and which the Fifth Circuit declined to reinstate last week. As I made clear in my …

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Yucca Mountain dispute goes to Nuclear Regulatory Commission

The tangled saga of the proposed high-level nuclear waste disposal facility at Yucca Mountain is going to have at least one more chapter. In June 2008, President Bush’s Department of Energy filed an application for a license to construct a high-level repository at Yucca Mountain. In March 2010, President Obama’s Energy Department sought to withdraw …

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Stay denied in appeal of offshore moratorium decision

Cross-posted at CPRBlog. A three-judge panel of the Fifth Circuit heard argument today on the Obama administration’s request that it stay the District Court’s injunction of the 6-month deepwater oil development moratorium, and by a 2-1 vote quickly rejected the request. The moratorium halted any new drilling, and the granting of any new permits for …

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Anti-AB 32 Campaign Should Be Interesting

The ballot initiative to suspend the implementation of California’s landmark greenhouse gas legislation — which qualified for the ballot last week — should garner huge amounts of attention and spur job growth at least in the world of ballot campaigns. The California Public Policy Institute is predicting that proponents and opponents of the initiative (which …

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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.

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.

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.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

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

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘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.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Litigation

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

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

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

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

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

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

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.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.