Litigation
Preble’s mouse jumps back into the courtroom
Five environmental groups — NRDC, Center for Biological Diversity, Defenders of Wildlife, Center for Native Ecosystems, and Biodiversity Conservation Alliance — have filed a lawsuit challenging FWS’s decision last year to list the Preble’s meadow jumping mouse (pictured) as threatened only in Colorado, leaving it off the protected list in Wyoming. FWS justified that distinction …
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CONTINUE READINGAn Invitation to Review the Supreme Court’s Environmental Record
This has been a blockbuster year in the U.S. Supreme Court for environmental law and policy. In the Term that concludes this month, the justices have decided five major environmental cases, involving many of the nation’s most important environmental laws. Berkeley Law’s Center for Law, Energy & the Environment (CLEE), one of the sponsors of …
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CONTINUE READINGCoeur Alaska and mountaintop removal mining
As Dan noted below, yesterday the Supreme Court decided its final environmental case of the year, Coeur Alaska v. Southeast Alaska Conservation Council. While Coeur Alaska was not a mountaintop removal case, it does have ramifications for the argument about whether the Clean Water Act allows mountaintop removal coal mining. The central issue in Coeur …
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CONTINUE READINGNational Cotton Council ruling stayed
In National Cotton Council v. EPA, the Sixth Circuit in January overturned an EPA rule exempting pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) from the Clean Water Act’s permitting requirements. On EPA’s request, the court has now stayed the effect of that ruling until April 9, 2011, giving the …
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CONTINUE READINGThe end of the Exxon Valdez legal saga?
Rick earlier posted about the 20th anniversary of the Exxon Valdez oil spill. This week, the Ninth Circuit may finally have brought the litigation that followed that spill to a close. You may recall that last year the U.S. Supreme Court heard Exxon’s challenge to the punitive damages award against it, which had been set …
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CONTINUE READINGThe Supreme Court’s Love Affair with the Takings Clause–Not Over Just Yet
One of the biggest differences between the U.S. Supreme Court under former Chief Justice Rehnquist and the Court under current Chief Justice Roberts is the comparative interest in property rights and the Constitution’s Takings Clause. From 1978 until Rehnquist’s death in 2005, the Supreme Court heard one or more takings cases each Term–culminating in the …
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CONTINUE READINGNAFTA tribunal strikes a blow for mining regulation by U.S. states
The U.S. and the State of California have been cleared of liability in a widely-watched NAFTA case involving mining regulations. A foreign mining company challenged the legality of California regulations that prevented a proposed environmentally- and culturally-destructive gold mine from being built in California’s Imperial Valley. The company, Glamis Gold Ltd, a Canadian company …
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CONTINUE READINGCalifornia environmental justice advocates sue Air Resources Board over climate scoping plan
UPDATES: California Air Resources Board Chair (and former UCLA colleague) Mary Nichols comments below. The Complaint in this action is available here (caption page separately available here). A coalition of California environmental justice advocates has filed a lawsuit challenging the legality of the California Air Resources Board‘s scoping plan for AB 32, the landmark climate …
CONTINUE READING11th Circuit stirs the NPDES pot
Cross posted at CPRBlog. In a decision that shows the power of Chevron deference, Friends of the Everglades v. South Florida Water Management District, the 11th Circuit has upheld EPA’s water transfers rule, which provides that the act of moving water from one waterway to another does not require a National Pollutant Discharge Elimination System …
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CONTINUE READINGEndangered species news round-up
It’s been a busy late spring in the endangered species world. Some recent developments: Gray wolf: Environmental groups have filed a lawsuit challenging the delisting of the gray wolf in the northern Rockies. The EarthJustice press release is here, complaint here. The gist of the complaint is that the state management plans do not provide …
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