Litigation
Supreme Court takes another NEPA remedies case
The U.S. Supreme Court has granted review of the Ninth Circuit’s decision in Monsanto Co. v. Geertson Seed Farms. The grant is pretty clearly a follow-up to Winter v. NRDC, the sonar case from last term, in which the Court reversed an injunction the Ninth Circuit had imposed limiting the use of mid-frequency active sonar …
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CONTINUE READINGMapping EPA Enforcement
EPA has posted a new google map of its enforcement efforts. It’s pretty easy to use — for example, with a few clicks, I found a $117,000 fine against California Waste Solutions in Berkeley for a water pollution violation. Check it out, and learn what’s happening in your neighborhood.
CONTINUE READINGEarly endangerment finding fallout
As Dan discussed here, on Monday EPA finalized its finding that greenhouse gas emissions endanger public health and welfare. The new rule won’t be effective until 30 days after its publication in the Federal Register, but it is already generating spin and promises of litigation. Even before the final finding was issued, the Center for …
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CONTINUE READINGSome Reflections and Predictions Based on Yesterday’s Supreme Court Arguments in the Stop the Beach Renourishment Case
As reported earlier this week on this site, the U.S. Supreme Court heard oral arguments yesterday in an important property rights/environmental case, Stop the Beach Renourishment v. Florida Dept. of Environmental Protection. Here are some observations and (perhaps intemperate) predictions based on those arguments, which I was able to attend at the Supreme Court yesterday: …
CONTINUE READINGUpdate on DeChristopher trial
U.S. District Judge Dee Benson has ruled that Tim DeChristopher, the student who bid on federal oil and gas leases to protest global warming, cannot present a necessity defense in his criminal trial. The decision is not a surprise. The necessity defense typically faces a high bar in US courts, which require that the defendant …
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CONTINUE READINGClimate Change versus the Benzene Case
The Benzene Case — more properly, Industrial Union Dept. v. American Petroleum Inst. — is almost thirty years old, but is still the Supreme Court’s most important statement on risk regulation. After considering mountains of evidence, OSHA issued a rule restricting benzene in the workplace. Benzene was known to be a carcinogen; the evidence was …
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CONTINUE READINGA red-letter day for washing machines
Under the Bush administration, which was implacably hostile to state environmental regulations exceeding federal minimum requirements, the Department of Energy refused to consider California’s request for permission to issue state rules setting water efficiency standards for washing machines. The Ninth Circuit has now set aside that action as arbitrary and capricious, and ruled that DOE …
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CONTINUE READINGThe Nuisance Suits Heat Up: Fifth Circuit Follows Connecticut v. AEP
Well, I didn’t expect this one. The Fifth Circuit, in Comer v. Murphy Oil Co., has agreed to follow the Second Circuit by construing Massachusetts v. EPA’s standing holding very broadly. It has allowed a class action by private plaintiffs on a common-law public nuisance claim, for damages occurring from greenhouse gas emissions, to move …
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CONTINUE READINGThe Kivalina Climate Change Lawsuit: Wrong Is Right
As Holly noted the other day, Judge Saundra Brown Armstrong of the Northern District of California has thrown out the Kivalina tribe’s climate change lawsuit against big oil and coal producers. Was she right to do so? The answer, I think, is yes — but for procedural, not substantive reasons. Judge Armstrong’s argument that the …
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CONTINUE READINGKivalina nuisance suit dismissed
As Jonathan noted (here and here) last month, after a lengthy delay, the 2d Circuit ruled that a public nuisance suit brought by states and environmental groups against major power producers based on their greenhouse gas emissions did not pose a non-justiciable political question, and that the plaintiffs had standing. That ruling has obviously not …
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